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DELHI HIGH COURT
SANJEEV SACHDEVA
Oriental Insurance Co. Ltd. – Appellant
Versus
Savana – Respondent
| Table of Content |
|---|
| 1. claim due to death of sazid khan. (Para 2) |
| 2. arguments on compensation computation and loss of consortium. (Para 3 , 4 , 5 , 6) |
| 3. court's ruling on deductions and loss of consortium. (Para 7 , 8) |
| 4. computation of compensation breakdown. (Para 9) |
| 5. final order and appeal disposition. (Para 11 , 12 , 13 , 14) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Appellant impugns award dated 03.12.2019 whereby the claim petition has been allowed and compensation awarded to respondent no. 1 to 4. The claim petition was filed on account of the demise of one Sazid Khan. The claimants are the legal heirs of the deceased being: wife, minor son and parents.
3. The only challenge to the impugned award is with regard to the computation. It is contended by learned counsel for the appellant that tribunal has erred in deducting one-fourth of the salary towards personal expenses whereas one-third should have been deducted. He relies on the decision of the Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680 as also Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.
4. Learned counse
Compensation for loss due to a victim's demise must include fair amounts for loss of dependency and consortium, with specific deductions for personal expenses based on legal precedents.
In fatal accident claims, the personal expense deduction for a deceased bachelor should be one-third if the family is large and dependent. Furthermore, families are entitled to compensation for filia....
The main legal point established in the judgment is the application of the principles for deduction towards personal and living expenses as per the judgment of the Supreme Court in Sarla Verma, and t....
Court affirmed the method of calculating compensation for loss of dependency, confirming deductions and additional awards as just and reasonable.
The court emphasized the necessity of adhering to established principles for calculating compensation regarding dependency deductions and conventional heads, enhancing the awarded compensation accord....
The main legal point established in the judgment is the determination of compensation and interest, and the allocation of compensation among the claimants based on the principles established in relev....
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