National Insurance Company vs Salik Ram and Others

G.P. Mittal, J.

CM. APPL No. 18995/2010 (delay)

There is a delay of 118 days in filing the Appeal. It is urged that the impugned judgment was passed by the Trial Court on 31.03.2010; the Respondents No. 1 and 2 filed an Appeal for enhancement of compensation; by an order dated 08.07.2010, the compensation was enhanced from Rs. 3,80,000/- to Rs. 5,19,990/-( Rs. 3,99,990 + Rs. 1,20,000/-); the Appellant applied for certified copy of the order of this Court on 09.07.2010 and on 04.08.2010, Shri S.L. Gupta, Advocate was instructed to file an Appeal against the award on non-pecuniary damages.

For the reasons as stated in the application, the delay of 118 days in filing the Appeal is condoned.

The application stands disposed of accordingly.

MAC.APP. 707/2010

The Appellant impugns a judgment dated 31.03.2010 whereby in a Petition u/s 163-A of the Motor Vehicles Act, 1988 (the Act) while awarding a sum of Rs. 2,60,000/- towards loss of dependency, a compensation of Rs. 1,00,000/- was awarded towards loss of love and affection and Rs. 10,000/- each towards loss to estate and last rites by the Claims Tribunal. It is urged by the learned counsel for the Appellant that in a Claim Petition u/s 163-A of the Act, the compensation for loss of dependency as also on account of non-pecuniary damages has to be awarded as per the structured formula. There is no dispute about the proposition of law which is well settled.

This Court in New India Assurance Co. Ltd. v. Pitamber & Ors. (MAC.APP. No. 304/2009 decided on 23.01.2012) and Pitamber & Ors. v. Nirdosh Kumar & Anr. (MAC.APP. 345/2009 decided on 23.01.2012) held that in a Petition u/s 163-A of the Act, the compensation has to be awarded as per the structured formula given in Schedule II of the Act. Thus, a compensation of Rs. 2,000/- towards funeral expenses and Rs. 2,500/- towards loss to estate was payable to the Respondents(Claimants) instead of a sum of Rs. 1,00,000/- towards loss of love and affection and Rs. 10,000/- each funeral expenses and loss to estate.

It is urged by the learned counsel although the judgment dated 08.07.2010 passed by this Court has become final between the parties, but it has to be borne in mind that while calculating the loss of dependency, the multiplier has to be taken as per age of the deceased while awarding compensation u/s 163-A of the Act. Thus, instead of ''15'', the multiplier of ''18'' ought to have been taken while calculating the loss of dependency. In the peculiar circumstances of the case and the fact that the Respondents (the parents of the deceased Deepak) are very poor persons, I am not inclined to entertain the Appeal for reduction of the compensation.

Consequently, the Appeal is dismissed. The statutory amount of Rs. 25,000/- shall be released to the Appellant Insurance Company.