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2025 Supreme(Online)(DEL) 200
HIGH COURT OF DELHI
Neena Bansal Krishna, J
NATIONAL INSURANCE CO LTD – Appellant
Versus
NARESH GUPTA & ORS – Respondent
MAC.APP.-540/2018
Mr. Arihant Jain & Mr. Mayank Ranjan Yadav, Mr. Himanshu Jawa
The court established that dependency for compensation includes emotional and gratuitous services, not limited to financial support, particularly for a deceased homemaker.
Headnote:
(A) Motor Vehicles Act, 1988 - Sections 166 and 140 - Compensation for death in a road accident - Compensation of Rs. 8,45,517/- awarded by Tribunal, modified to Rs. 7,90,000/- by High Court - The deceased was a housewife, and her income was assessed based on minimum wages - Dependency of major sons considered, while married daughter not deemed dependent - Future prospects added at 10% - Loss of consortium awarded - Interest rate maintained at 9%. (Paras 10, 11, 28, 49, 50)
(B) Dependency - The court recognized that dependency includes emotional and gratuitous services, not limited to financial support - The role of a mother extends beyond monetary contributions. (Paras 30, 33)
Facts of the case:
The appeal was filed by the Insurance Company against the Tribunal's award of compensation for the death of Smt. Geeta Devi in a road accident, where she was a passenger in a car that collided with a truck. The claimants, her two sons and married daughter, sought compensation for their loss. (Paras 1-4)
Findings of Court:
The court recalculated the total compensation to Rs. 7,90,000/- after considering loss of dependency, medical expenses, and loss of consortium. (Paras 49, 50)
Issues: The main issues included the dependency of the claimants on the deceased, the method of calculating compensation for a housewife, and the appropriate interest rate. (Paras 28, 30)
Ratio Decidendi: The court emphasized that the contribution of a homemaker is invaluable and should be compensated accordingly, recognizing both financial and emotional dependencies. (Paras 30, 33)
Result: The appeal by the Insurance Company is allowed, and the cross-objection by the claimants is dismissed.
| Table of Content |
|---|
| 1. accident details and claimants (Para 1 , 2 , 3 , 4 , 5 , 8 , 9) |
| 2. insurance company's challenge (Para 6 , 7) |
| 3. assessment of income and dependency (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48) |
| 4. dependency includes emotional support (Para 30 , 31 , 32) |
| 5. total compensation recalculated (Para 49 , 50 , 51 , 52 , 53 , 54) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. An Appeal bearing MAC. APP. 540/2018 under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Insurance Company to challenge the Award dated 08.03.2018 vide which a compensation in the sum of Rs.8,45,517/- along with interest @ 9% has been granted to the Claimants on account of the demise of Smt. Geeta Devi, aged 64 years old, in a road accident, on 15.11.2013.
2. Briefly stated, on 15.11.2013 at about 09:00 A.M. deceased Smt. Geeta Devi along with Harish, Abhishek, Shreya, Sonia and Santosh were travelling in Santro Car which was being driven by Shri Manish. When the car reached Sampla, Jhajjar, Haryana, a Tralla bearing registration No.RJ- 36GA-2321 which was being driven by its driver Bhola Ram, came from the opposite side and hit the car. Consequently, Smt. Geeta Devi, Manish andSonia died on the spot, while Harish, Abhishek, Shreya and Santosh suffered grievous injuries. Smt. Geeta Devi was admitted in the hospital, however, during her treatment, she died on 21.11.2013.
3. FIR No.749/2013 u/s. 279/337/304A IPC 1860 was registered at PS Jhajjar, Haryana, against the Driver/ Sh. Bhola Ram.
4. The Claim Petition u/s. 166 and 140 of Motor Vehicles Act, 1988 was filed by the Claimants i.e. the two major sons and married daughter of the deceased seeking compensation on account of demise of their mother /Smt Geeta Devi in the road accident dated 15.11.2013.
5. The Ld. Tribunal awarded compensation in the sum of Rs. Rs.8,45,517/- along with interest @ 9% vide the Impugned Award dated 08.03.2018.
6. The Insurance Company has challenged the Award on the following grounds:
i. that the claimants are the two major sons and married daughter of the deceased and were not dependent upon the deceased; and
ii. that the deduction on account of personal expenses should have been as 50%, while no amount has been deducted.
7. Learned counsel on behalf of the respondents/Claimants has contended that even though the sons were major, but it cannot be said that they had no dependency on their mother. Moreover, the compensation stands correctly assessed and the Award does not merit any interference.
8. The Cross-Objections vide the Appeal bearing MAC. APP. 91/2020 have also been filed on behalf of the Claimants, who have asserted that they are entitled to enhanced compensation on the following grounds:-
i. that the total bills qua medical treatment amounted to Rs. 2 lakhs, but has only awarded Rs.1,36,293/-;
ii. nothing has been provided for loss of love and affection; and
iii. interest rate of only 9% has been awarded but should be 18%.
9. Submissions heard and record perused
Quantum of Compensation : -
10. The Learned Tribunal assessed the Income of the deceased, a house wife, as Rs. 8086/- per month and has granted a sum of Rs. 6,79,224/-under the head of “Just Compensation” as under: -
“JUST COMPENSATION
18. That, the petitioners have claimed that the deceased Smt. Geeta Devi was a house wife and no income proof has been placed on record of deceased Smt. Geeta Devi. However, the monthly income of the deceased is assessed as minimum wages on the date of the accident i.e. 15.11.2013 and that was Rs. 8086/-per month.
That, the deceased Smt. Geeta Devi died leaving behind one married daughter and married two sons and none of them was dependent upon the deceased.
That, age of the deceased Smt. Geeta was 64 years at the time of the accident as mentioned in the Election I- card and according the age of the deceased, the multiplier of 7 woul
