Full Text
Date of Decision: 16th August, 2017
AFSANA BEGAM & ORS ..... Appellants
Through: Mr. Partap Singh, Advocate with Ms. Sinthiya Bhatia, Advocate
Through: Mr.Anshum Jain, Advocate for R-3.
JUDGMENT
1. Saeed Khan, aged 29 years, suffered injuries in a motor vehicular accident that occurred on 15.06.2014 due to negligent driving of bus bearing registration No.HR-46D-1190, admittedly insured against third party risk with the third respondent (insurer) and died in the consequence. The appellants, they being the members of the family dependent upon him, instituted accident claim case (Suit No.842/2014) seeking compensation.
2. The Motor Accident Claims Tribunal (the tribunal), by its judgment dated 19.05.2016, accepted the claim for compensation and awarded compensation in the sum of Rs.16,43,762/- and directed the 2017:DHC:4485 insurer to pay the same with interest @ nine per cent (9%) per annum, calculating thus:-
┌────────────────────────────────────────────────────────────────────────────────┐ │ Sl.No. Head Amount in (Rs.) │ ├────────────────────────────────────────────────────────────────────────────────┤ │ 1. Loss of financial dependency 13,08,762/- │ │ 2. Loss of love and affection to each child 2,00,000/- │ │ (two children) │ │ 3. Loss of love and affection to father 50,000/- │ │ 4. Loss of companionship to wife 50,000/- │ │ 5. Loss of Estate 10,000/- │ │ 6. Funeral expenses 25,000/- │ │ Total 16,43,762/- │ │ 3. The loss of dependency was worked out on the basis of assumed │ └────────────────────────────────────────────────────────────────────────────────┘
7. The amount awarded under the non-pecuniary heads is not in sync with the dispensation by this court. Following the view taken in MAC.APP.No.160/2015 Shriram General Insurance Co Ltd v. Usha decided by this court on 05.05.2016, non-pecuniary damages in the sum of Rs.1,50,000/- each towards loss of love & affection and towards loss of consortium and Rs.50,000/- each towards loss of estate and funeral expense are added. Hence, the total compensation payable in the case comes to (Rs.14,45,000/- + 1,50,000/- + 1,50,000/- + 50,000/- + 50,000/- ) Rs.18,45,000/-.
8. The award is increased accordingly. It shall carry interest as levied by the tribunal.
9. The insurer is directed to satisfy the enhanced award by requisite deposit with the tribunal within thirty days, whereupon the same shall be released to the claimants in terms of the apportionment ordered by the impugned judgment.
10. The appeal stands disposed of in above terms. R.K.GAUBA, J. AUGUST 16, 2017 vk