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2018 Supreme(Del) 2708

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUNIL GAUR, J.
NATIONAL INSURANCE CO. LTD. - Appellant
Versus
RAJ RANI & ORS. - Respondents
MAC.APP. 661 to 663 of 2015
Decided on : 06-08-2018

Advocates:
Advocate Appeared:
For the Appellant :Mr. Pankaj Seth, Advocate
For the Respondent:Mr. Anil Panwar & Mr. Rajinder Juneja, Mr. R.S. Lathwal, Advocate

The main legal point established in the judgment is the reassessment of compensation based on evidence, legal provisions, and previous decisions, and the direction for disbursement of the awarded amounts with interest.

Headnote:

Motor Accident Claims Tribunal - Compensation - [Motor Vehicles Act, 1988, Section 166] - The court discussed the compensation awarded to the claimants and injured parties, the factual background of the case, and the challenges to the impugned award. The court analyzed the evidence, legal provisions, and previous decisions to determine the negligence of the driver, loss of dependency, non-pecuniary heads of compensation, and quantum aspects. The court ultimately reassessed the compensation and directed the disbursement of the awarded amounts with interest.

Fact of the Case:

The case involved a motor accident resulting in the death of a head constable and injuries to other individuals. The Motor Accident Claims Tribunal awarded compensation to the claimants and injured parties based on the evidence and documentation.

Finding of the Court:

The court found that the original insurance policy was not on record, and the insurer's plea regarding the coverage of the insured vehicle under the policy was without merit. The court also determined negligence on the part of the driver and reassessed the compensation granted under various heads.

Issues: The issues included the coverage of the insured vehicle under the insurance policy, negligence of the driver, assessment of loss of dependency, and quantum of compensation under non-pecuniary heads.

Ratio Decidendi: The court negated the insurer's plea regarding the coverage of the insured vehicle, determined negligence of the driver based on evidence, and reassessed the compensation granted under various heads in line with legal principles and previous decisions.

Final Decision: The court disposed of the appeals, reassessed the compensation, and directed the disbursement of the awarded amounts with interest.

JUDGMENT :

1. Impugned Award of 22nd April, 2015 rendered by Motor Accident Claims Tribunal (henceforth referred to as the “Tribunal”) grants compensation to respondent-Claimants, on account of death of a Head Constable of Delhi Police-Suresh Kumar, aged 46 years and 05 months on the date of the accident. Impugned Award also grants compensation to Injured-Raj Rani and Manish on account of injuries suffered by them in the accident in question.

2. To render the impugned Award, the Tribunal has relied upon evidence of Injured/ legal heirs of deceased and other documentary evidence on record. The compensation awarded by the Tribunal to Claimants and Injured (without interest) in these appeals, is as under:-

S.No.

Names of Claimants/Injured

Compensation Awarded

1.

Raj Rani

Rs.1,50,000/-

2.

Manish

Rs.50,000/-

3.

Raj Rani and Ors. (legal heirs of deceased Suresh)

Rs.41,60,336/-

3. The factual background of this case, as noticed in the impugned Award, is as under:-

“As per the case of petitioners, on 12.07.09, petitioners Smt. Raj Rani and Manish alongwith Suresh Kumar (husband of Smt. Raj Rani and father of Manish) were returning to Delhi after visiting Balaji Mandir in Rajasthan. They were travelling in a car bearing no.DL3 CM 6942. Whey they were near Chatti Mill, Alwar, Rajasthan, a stray cow came on the road. Driver of their Car applied sudden brakes and turned his Car towards the right side. It hit another car (Indica bearing no. RJ 02 CA 2452) coming from opposite side, Suresh Kumar and both of petitioners (Raj Rani and Manish) suffered injuries. Suresh Kumar succumbed to his injuries. FIR 274/09 was registered in PS Sadar, Alwar Rajasthan for offences punishable u/s 279/337/304A IPC.”

4. Out of the above captioned three appeals, first one relates to Injured-Raj Rani, the second one pertains to Injured-Manish and the third one relates to legal heirs of deceased-Suresh. 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- Suresh Kumar was assessed by the Tribunal at Rs.22,842/- p.m. and multiplier of 13 was applied. Deduction of 1/4th towards “personal expenses” and addition of 30% towards “future prospects” was made. The break-up of compensation granted by the learned Tribunal to the legal heirs of deceased- Suresh Kumar is as under:-

1.

Loss of dependency

Rs.37,26,336/-

2.

Funeral Expenses

Rs.25,000/-

3.

Loss of Love & Affection

Rs.4,00,000/-

4.

Loss of estate

Rs.10,000/-

 

Total

Rs.41,60,336/-

6. In the case of Injured-Manish, the Tribunal has granted lump-sum compensation of Rs.50,000/- for “pain and sufferings” due to injuries suffered by him in this accident. In the case of Injured-Raj Rani, the Tribunal has granted lump-sum compensation of Rs.1,00,000/- towards “medical expenses” and Rs.50,000/- under the head “pain and sufferings”.

7. The challenge to impugned Award by learned counsel for appellant-Insurer is on the ground that risk of occupants of the insured vehicle is not covered under the insurance policy in question, which is a liability only policy. To submit so, reliance is placed upon Supreme Court’s decision in Oriental Insurance Company Ltd. Vs. Sudhakaran K.V. and Ors. (2008) 7 SCC 428 and National Insurance Company Limited Vs. Balakrishnan and Anr. (2013) 1 SCC 731. Counsel for appellant-Insurer further submits that no negligence is attributable to driver of the insured vehicle and so, the Insurer has no liability to pay the compensation awarded. On












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