Reliance General Insurance Company Limited v. Jai Prakash & Ors.

1. Motor accident claim case (MACT No.80/2011), which was instituted by first to third respondents (the claimants) on 03.03.2011 prayed for award of compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988 on account of death of Amit Kumar, a bachelor aged 23 years, in a motor vehicular accident that occurred on 06.01.2011, due to negligent driving of vehicle bearing registration No.DL-4C-AH-8068. The tribunal accepted the said case by the impugned order dated 20.09.2012 and awarded Rs.20,92,000/- as compensation, calculating it thus:- 2017:DHC:7691

┌────────────────────────────────────────────────────────────────────────────────────┐
│ Sl.No.                       Heads                        Amount (in Rs.)          │
├────────────────────────────────────────────────────────────────────────────────────┤
│      1.    Loss of dependency                                     17,22,000/-      │
│      2.    Funeral charges                                             25,000/-    │
│      3.    Loss of estate                                              75,000/-    │
│      4.    Loss of consortium                                          50,000/-    │
│      5.    Loss of love, company and affection, etc.                  1,50,000/-   │
│      6.    Loss of gratuitous service                                  70,000/-    │
│                                                 Total             20,92,000/-      │
│ 2.        The liability to pay compensation with interest @ 9% per                 │
└────────────────────────────────────────────────────────────────────────────────────┘

7. The award is reduced accordingly, it shall carry interest as levied by the tribunal.

8. By order dated 03.12.2012, the insurer was directed to deposit, 50% of the awarded amount with upto date interest with the tribunal and on such deposit the said amount was ordered to be released to the claimants. The insurer is directed to satisfy the remainder of its liability in terms of modification ordered above, by requisite deposit along with upto date interest with the tribunal within thirty days, making it available to be released to the claimants in terms of the impugned award.

9. The statutory deposit shall be refunded to the insurer only after proof of award having been satisfied is shown.

10. The appeal along with pending application stand disposed of in above terms. R.K.GAUBA, J. DECEMBER 08, 2017 vk