MAC.APP. 122/2020

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 31.08.2021

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MAC.APP. 122/2020

MAGMA HDI GENERAL INSURANCE CO LTD…Appellant

versus

MEENA KUMARI @ MEENU & ORS ..... Respondent

HON’BLE MR. JUSTICE SANJEEV SACHDEVA

Advocates who appeared in this case:

For the Appellant:

Mr. Ved Vyas Tripathi, Advocate.

For the Respondent:

Mr. Pratap Singh and Mr. Arun Yadav, Advocates.

CORAM:-

JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1.

Issue notice. Notice is accepted by learned counsel for the

appellant.

CM. APPL.28779/2021 (for release of amount by R-1)

2.

Learned counsel for the parties pray that the appeal be taken up

for hearing today.

3.

In view of the above, the application is disposed of. The appeal

is taken up for hearing today. The next date of 29.09.2021 is

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MAC.APP. 122/2020

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cancelled.

1.

Appellant impugns award dated 02.12.2019, whereby claim

petition has been allowed and compensation awarded.

MAC.APP. 122/2020

2.

The only ground of challenge by the appellant to award is

towards award of sum of Rs.1,50,000/- under the head of ‘loss of love

and affection to children and parents of the deceased. There is no

challenge to the factum of the accident, negligence or the quantum

apart from the above.

3.

The deceased was coming on his motorcycle from Dhansa

Border village Badli side. A Tata Canter being driven in a rash and

negligent manner by its driver, hit the motorcycle, as a result of

which, the deceased fell down on the road, sustained fatal injuries and

died at the spot.

4.

The Tribunal has found the driver of the offending vehicle to be

rash and negligent and accordingly held the driver and owner and

consequently the insurance company liable as the vehicle was

admittedly insured with the appellant insurance company at the time

of the accident.

5.

The deceased has left behind a widow, three children and

parents.

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MAC.APP. 122/2020

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6.

The Tribunal assessed the income of the deceased at Rs.8554/-

per month and deducted 1/4^th towards personal expenses keeping in

view the number of dependant family members and applied the law

laid down by the Supreme Court in Sarla Verma & Ors. Vs. Delhi

Transport Corporation & Anr. (2009) 6 SCC 121.

7.

The Tribunal has further applied the principles laid down in

National Insurance Company Ltd. Vs. Pranay Sethi, (2017) 16 SCC

680 for assessment of compensation.

8.

Under the head of ‘loss of consortium’, a sum of Rs.40,000/-

has been awarded to the wife of the deceased.

9.

Insofar as the three children and parents are concerned, they

have been awarded a sum of Rs.30,000/- each under the head of ‘loss

of love and affection’.

10.

The Tribunal has applied the ratio of the judgment of the

Supreme Court in Magma General Insurance Co. Ltd. Vs. Nanu Ram,

(2018) 18 SCC 130.

11.

The judgment in Magma General Insurance Co. Ltd. (supra)

has been applied by the Supreme Court in United India Insurance

Company Ltd. Vs. Satinder Kaur @ Satwinder Kaur 2020 SCC

OnLine SC 410.

12.

The Supreme Court in Magma General Insurance Co. Ltd.

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MAC.APP. 122/2020

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(supra) has held that the word ‘consortium’ means spousal

consortium, parental consortium and filial consortium and accordingly

held that both parents as well as the children of the deceased would be

entitled to be awarded loss of consortium under the head of ‘parental

consortium’ and ‘filial consortium’ respectively.

13.

Though in Magma General Insurance Co. Ltd., the Supreme

Court, applying the ratio of the decision in Pranay Sethi (supra),

awarded a sum of Rs.40,000/- for each of the children, in the present

case the Tribunal has awarded a sum of Rs. 30,000/- each. Since there

is no cross-appeal filed by the claimants, I am not inclined to interfere

in the award of sum of Rs. 30,000/- each per claimant i.e. children and

parents of the