The New India Assurance Company Ltd. v. Ashrafi Devi & Ors.

1. Soran Singh, aged 42 years, earning his livelihood from the transport business, suffered injuries and died in the consequence, as a result of motor vehicular accident that had occurred on 08.04.2008, due to negligent driving of motor vehicle, described as truck bearing registration No.UP-85E-9217, which was admittedly insured against third party risk for the period in question with the appellant insurance company (insurer). On the accident claim case (Petition No.400/2008) instituted by his widow and six other members of the family dependent on him, they being first to seventh respondents (collectively, the claimants), the tribunal held inquiry, and by judgment dated 05.07.2012, awarded compensation in the total sum 2017:DHC:7391 of Rs.26,75,800/-, fastening the liability on the insurer to pay the same with interest @ 7.5% per annum, which have been calculated thus:-

┌───────────────────────────────────────────────────────────────────────────────────┐
│ Sl.No.                            Heads                            Amount         │
│                                                                    (in Rs.)       │
├───────────────────────────────────────────────────────────────────────────────────┤
│      1.      Loss of dependency                                    26,20,800/-    │
│      2.      Loss of consortium                                        10,000/-   │
│      3.      Loss of love and affection to all the petitioners         25,000/-   │
│      4.      Loss of estate                                            10,000/-   │
│      5.      Funeral expenses                                          10,000/-   │
│                                                         Total      26,75,800/-    │
│ 2.        The insurer questions the award on the ground that the loss of          │
└───────────────────────────────────────────────────────────────────────────────────┘

6. The total compensation, thus, comes to (25,20,000/- + 40,000/- + 15,000/- + 15,000/-) Rs.25,90,000/- (Rupees Twenty Five Lacs Ninety Thousand Only). The award is modified accordingly.

7. Following the consistent view taken by this Court, the rate of interest is increased to nine per cent (9%) per annum from the date of filing of the petition till realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.].

8. By order dated 17.09.2012, the insurance company had been directed to deposit the entire awarded amount with upto date interest with the tribunal and by subsequent order dated 16.11.2012, seventy per cent (70%) of the deposited amount was released to the claimants.

9. Since the interest has been revised, the tribunal is directed to recalculate amount payable under the modified award as above and release the balance to the claimants, and refund the excess, if any, to the insurer. Conversely, if there is any deficiency in the amount, the insurer is directed to deposit the same with the tribunal within thirty days.

10. The statutory deposit shall be released to the insurer after the proof of award having been satisfied is shown.

11. The appeal along with pending application stand disposed of in above terms. R.K.GAUBA, J. NOVEMBER 30, 2017 vk