2018 Supreme(Del) 2641
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUNIL GAUR, J.
National Insurance Co. Ltd. – Appellant
Versus
Prem Lata and Others – Respondents
MAC. APP. Nos. 869, 870, 873 of 2015 and C.M. No. 27054, 27063, 27364 of 2015
Decided On : 28-08-2018
For the Appellant : Mr. Pradeep Gaur.
For the Respondents: Mr. Gurmit Singh Hans, Ms. Aarti Manchanda.
The main legal point established in the judgment is the reassessment of compensation awarded to the legal heirs of the deceased drivers based on loss of dependency and non-pecuniary heads of compensation in line with legal precedents.
Headnote:
Motor Accident Claims Tribunal - Compensation Award - 16.10.2012 - [Motor Vehicles Act, 1988, Section 166] - The court discussed the compensation awarded to the legal heirs of the deceased drivers based on loss of dependency, love & affection, estate, funeral expenses, and consortium. The court also addressed the negligence aspect and the quantum of compensation, reassessing the loss of dependency and adjusting the non-pecuniary heads of compensation in line with legal precedents.
Fact of the Case:
The case involved a motor accident resulting in the death of three individuals. The Motor Accident Claims Tribunal awarded compensation to the legal heirs of the deceased drivers based on the evidence and records.
Finding of the Court:
The court found that the driver of the insured vehicle was grossly negligent, and the compensation awarded needed reassessment in line with legal precedents.
Issues: The issues included the negligence of the driver, quantum of compensation, and adjustment of non-pecuniary heads of compensation.
Ratio Decidendi: The court held that the driver of the insured vehicle was grossly negligent, and the compensation awarded needed reassessment in line with legal precedents, specifically addressing the loss of dependency and non-pecuniary heads of compensation.
Final Decision: The court modified the compensation awarded to the legal heirs of the deceased drivers, reducing the amounts and adjusting the non-pecuniary heads of compensation in line with legal precedents.
SUNIL GAUR, J.
1. Impugned Award of 25th July, 2015 rendered by Motor Accident Claims Tribunal (henceforth referred to as the “Tribunal”) grants compensation to respondents-Claimants, on account of death of a Driver R. Anil, aged 35 years; Driver Raju Singh, aged 40 years and a Peon-Ramesh, aged 28 years. Claimants-Prem Lata & Ors. (in MAC. APP. 869/2015) are the legal heirs of deceased R. Anil. Claimants-Babli & Ors. (in MAC. APP. 870/2015) are the legal heirs of deceased-Raju Singh and Claimants-Lalita & Ors. (in MAC. APP. 873/2015) are the legal heirs of deceased-Ramesh.
2. To render the impugned Award, the Tribunal has relied upon evidence of Claimants/ legal heirs of deceased and other evidence on record. The compensation awarded by the Tribunal to respondents-Claimants with interest @ 9% p.a. in these appeals, is as under:-
S. No.
Name of deceased
Compensation Awarded
1.
R. Anil
Rs. 18,01,912/-
2.
Raju Singh
Rs. 25,16,500/-
3.
Ramesh
Rs. 33,91,696/-
3. The factual background of this case, as noticed in the impugned Award, is as under:-
“Brief facts of the case are that on 16.10.2012 Sh. Raju Singh (since deceased in suit no. 18/13) was driving the motorcycle bearing no. DL-5SY-5406 and his friends namely Sh. R. Anil and Sh. Ramesh Kumar were sitting as pillion rider on the said motorcycle and at about 00.05 AM when they reached at Shankar Road (towards RML Hospital) after crossing the round about, suddenly a maruti esteem car bearing no. DL-8CB-4173 (hereinafter called as offending vehicle) being driven in rash and negligent manner by R-1 came from back side and hit the motorcycle of deceased as a result of which they fell down on the road. All the injured's were taken to Dr. RML hospital where they were declared brought dead.”
4. Since these three appeals arise out of aforesaid common impugned Award, therefore, with the consent of learned counsel for the parties, these appeals have been heard together and are being decided by this common judgment.
5. While computing the “loss of dependency” the income of deceased - R. Anil was assessed by the Tribunal on minimum wages payable to an unskilled worker and multiplier of 16 was applied. Deduction of 1/4th towards “personal expenses” and addition of 50% towards “future prospects” was made. The break-up of compensation granted by the learned Tribunal to the legal heirs of deceased - R. Anil is as under:-
1.
Loss of dependency (Rs. 8161 X 12 X 16)
Rs. 15,66,912/-
2.
Loss of Love & Affection
Rs. 1,00,000/-
3.
Loss of Estate
Rs. 10,000/-
4.
For funeral expenses
Rs. 25,000/-
5.
Loss of consortium
Rs. 1,00,000/-
Total
Rs. 18,01,912/-
6. The Tribunal has assessed the income of deceased-Raju Singh at Rs. 13,000/- p.m. on the basis of Salary Certificate (Ex. PW7/1) and has made an addition of 30% towards “future prospects.” The multiplier applied is of 15 and 1/4th towards “personal expenses” has been deducted. The break-up of compensation granted to the legal heirs of deceased- Raju Singh is as under:-
1.
Loss of dependency (Rs. 12,675/- X 12 X 15)
Rs. 22,81,500/-
2.
Loss of Love & Affection
Rs. 1,00,000/-
3.
Loss of estate
Rs. 10,000/-
4.
For Funeral Expenses
Rs. 25,000/-
5.
Loss of consortium
Rs. 1,00,000/-
Total
Rs. 25,16,500/-
7. In the case of deceased-Ramesh, Salary Certificate (Ex.PW4/1) was made the basis to assess the “loss of dependency” while adding 50% towards “future prospects” and by applying multiplier of 17. Deduction of 1/3rd towards “personal expenses” was made. The break-up of compensation granted by the Tribunal to legal heir of deceased-Ramesh is as under:-
1.
Loss of dependency (Rs. 15474/- X 12 X 17)
Rs. 31,56,696/-
2.
Loss of Love & Affection
Rs. 1,00,000/-
3.
Loss of estate
Rs. 10,000/-
4.