HDFC ERGO GENERAL INSURACE CO LTD vs PAPMA DAS & ORS
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16th February, 2024
+ MAC.APP. 931/2017 & CM APPL. 38282/2017
HDFC ERGO GENERAL INSURACE CO LTD ….. Appellant
Through: Mr. A.K. Soni & Mr. Pavan
Kumar Vashishth, Advs.
versus
PAPMA DAS & ORS ….. Respondents
Through: Mr. S.N. Parashar, Adv. for R1
to R4.
CORAM:
HON’BLE MR. JUSTICE DHARMESH SHARMA
DHARMESH SHARMA, J. (ORAL)
1. Having heard the learned counsels for the parties present and on
perusal of the record, this Court proceeds to decide the present appeal.
2. The present appeal has been filed by the appellant/Insurance
Company assailing the impugned judgment-cum-award dated
08.08.2017 passed by the learned PO-MACT-01, Dwarka Courts,
New Delhi. The broad facts of the case are not in dispute. The motor
accident, which took place on 23.12.2012, claimed the life of one
Joydeb Das, who was 30 years of age and was survived by his wife,
two minor children, and his father.
3. The claimants/respondent Nos. 1 to 4 have been awarded a total
compensation of Rs.35,81,733/- by the learned Tribunal. Learned
counsel for the appellant has urged that the learned Tribunal has
assessed the loss of future prospects @ 50%, which is excessive since
the same should have been assessed @ 40% as per the decision in the
case of National Insurance Company Limited vs. Pranay Sethi
and Others 2017 16 SCC 680. Further, it is pointed out that as
regards the non-pecuniary losses, it has been wrongly assessed by the
Tribunal towards loss of Love and Affection to Rs.2,00,000/-
besides the loss of the Estate, which has been assessed to
Rs.1,00,000/-. Lastly, there is also a challenge to the rate of interest,
which has been awarded @ 10% from the date of filing of the petition
till the realisation.
4. Ex facie, the impugned judgment-cum-award requires
modification as regards the compensation which has been awarded to
the claimants/respondent Nos. 1 to 4. The loss of future prospects has
to be reckoned @ 40% and each of the legal heirs is to be awarded a
sum of Rs.30,000/- towards the loss of love and affection, besides
Rs.15,000/- to each one towards the loss of a estate and the amount
towards the reimbursement should be reckoned at rate of Rs.15,000/-.
5. Accordingly, the break-up of the compensation is done as
under:
a) Annual Income of the deceased Rs.1,62,444/- p.a.
Joy Deb Das
b) 40% addition towards Future Rs.64,977/-
Prospects as per Pranay Sethi Rs.2,27,421/-
Judgment
c) 1/4th deduction on personal living Rs.56,855/-
expenses Rs.1,70,566/-
Total Loss of Dependency rounded to Rs.1,70,566 X 17 =
Rs.28,99,622/- (Rupees Twenty Eight Lakhs Ninety Nine Thousand
Six Hundred twenty Two Only). We further add compensation
towards non pecuniary items viz., Rs1,20,000/- towards Loss of love
and affection; Rs.1,00,000/- towards Loss of consortium; Rs.60,000/-
towards loss of estate and Rs. 15, 000/- for funeral expenses. The total
amount of compensation comes to Rs.31,94,622/-.
6. Insofar as the plea of the learned counsel for the appellant as to
the exorbitant rate of interest is concerned, by no imagination it could
be said to be onerous or exorbitant, or more than what the market
conditions prevailed during the relevant time and the said plea is shot
down.
7. Accordingly, a total sum of Rs. 31,94,622/- shall be payable to
the respondent Nos. 1 to 4/claimants with interest @ 10% from the
date of filing of the petition till the realisation.
8. Accordingly, the impugned judgment-cum-award dated
08.08.2017 is hereby modified and the amount of compensation for
Rs.31,94,622/- with interest @10% from the date of filing of petition
till realisation, is awarded to the claimants to be paid by the Insurance
Company. It is a matter of record that 40% of the amount of
compensation has already been released to the respondent Nos. 1 to
4/claimants in terms of the order dated 27.10.2017 of this Court. The
remaining 60% balance amount of the compensation so worked out be
released to them forthwith as per the directions of the learned
Tribunal.
9. The statutory amount of Rs.25,000/-, which was deposited at
the time of filing of the appeal by the appellant/Insurance Company,
be released to the Appellant/Insurance Company forthwith.
10. The appeal is disposed of accordingly. Interim orders stand
vacated.
11. The pending application also stands disposed of.
DHARMESH SHARMA, J.
FEBRUARY 16, 2024/sa