AI Structured Summary
Not yet generated for this judgment
Judgment
G.P. Mittal, J.—A compensation of Rs.34,83,000/- was awarded for the death of Vikas Batra, who died in a motor vehicle accident which
occurred on 05.03.2008. The Appellant National Insurance Company Limited has come up with this Appeal on the ground that the compensation
awarded is exorbitant and excessive.
It is stated that the addition of 30% towards future prospects was not justified and the compensation of Rs.1,25,000/- awarded towards loss of
love and affection is on the higher side.
As far as an addition of 30% is concerned, the same is in consonance with the Supreme Court guidelines in Santosh Devi v. National Insurance
Company Ltd. & Ors., 2012 (4) SCALE 559 where it was laid down that in case of self-employed person, addition of 30% should be made even
if there is no evidence with regard to future prospects.
Thus, the award of loss of dependency of Rs.34,28,000/- on an income of Rs.2,49,372/- cannot be faulted.
The compensation of Rs.1,25,000/- awarded towards loss of love and affection appears to be on the higher side.
Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-
pecuniary damages. The Supreme Court in Sunil Sharma and Others Vs. Bachitar Singh and Others, and in Baby Radhika Gupta and Others Vs.
Oriental Insurance Co. Ltd. and Others, granted only Rs.25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I
would reduce the compensation under this head to Rs.25,000/- only.
The compensation thus stands reduced by Rs.1,00,000/-.
The excess amount of Rs.1,00,000/- along with proportionate interest and the interest accrued, if any, during the pendency of the Appeal shall
be refunded to the Appellant Insurance Company.
The statutory deposit of Rs.25,000/- be refunded to the Appellant Insurance Company.
The Appeal is allowed in above terms. Pending Applications also stand disposed of.