Full Judgment Text
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 18.11.2019
+ MAC.APP. 14/2019
VIRENDRA SHARMA & ANR ......Appellants
Through: Mr. B.K. Singh, Advocate.
versus
ORIENTAL INSURNACE CO LTD & ORS ..... Respondents
Through: Mr. Anshul and Mr. Abhishek
Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. This appeal impugns the quantum of the Award dated 05.10.2018
passed by the learned MACT in MACP No. 1393/2016, on the ground that
the effective monthly pay of Rs. 9,500/- was not taken into consideration
while computing the compensation towards ‘loss of dependency’.
2. The learned counsel for the appellants relies upon a Salary Certificate
(Annexure PW-3/3), issued by M/s Raj Furnitures, Interior Decorator &
Furnitures- the employer of the deceased, which shows his gross monthly
wages @ Rs. 8,500/- per month and Site Room Rent @ Rs. 1,000/- per
month, i.e. a total of Rs. 9,500/-.
3. The Court would note that the Site Room Rent was made available to
the employee for his accommodation. It is in this accommodation that the
parents of the deceased also lived and for this roof over their head they were
MAC.APP. 14/2019 Page 1 of 3
dependent upon their son. Accordingly, Rs. 9,500/- shall be considered as
his monthly income to compute compensation towards ‘loss of dependency’.
4. The Court would note that the parents of the deceased would also be
entitled to compensation towards ‘loss of love and affection’ and ‘loss of
consortium’ @ Rs. 50,000/- and Rs. 40,000/- each respectively, in terms of
the dicta of the Supreme Court in Magma General Insurance Co. Ltd. vs.
Nanu Ram @ Chuhru Ram & Ors. , 2018 SCC OnLine SC 1546. The same
is granted to them. Additionally, compensation towards ‘Loss of Estate' and
‘Funeral Expenses’ shall also be payable @ Rs. 15,000/- under each of the
heads, in terms of the dicta of the Supreme Court in National Insurance Co.
Ltd. v. Pranay Sethi & Ors (2017) 16 SCC 680.
5. The amount payable to the claimants is as under:
| S.No. | Particulars | Amount |
|---|---|---|
| 1. | Loss of Dependency<br>[Rs. 9,500/- (monthly income of the<br>deceased) x 12 (months) x 18<br>(multiplier) x 140/100 (loss of future<br>prospects) x 50/100 (50% deduction<br>towards personal expenses)] | Rs. 14,36,400 /- |
| 2. | Loss of love and affection<br>[Rs. 50,000 x 2 (claimants)] | Rs. 1,00,000/- |
| 3. | Loss of consortium<br>[Rs. 40,000 x 2 (claimants)] | Rs. 80,000/- |
| 4. | Loss of Estate | Rs. 15,000/- |
| 5. | Funeral Expenses | Rs. 15,000/- |
| TOTAL | Rs. 16,46,400/- |
MAC.APP. 14/2019 Page 2 of 3
6. Let the aforesaid amount, alongwith interest accrued thereon @ 9%
from the date of the filing of the Claim Petition till its realization, be
deposited by the insurer within three weeks from the date of receipt of copy
of this order, to be released to the beneficiaries of the Award, in terms of the
scheme of disbursement specified therein.
7. The appeal stands disposed-off in the above terms.
NAJMI WAZIRI, J
NOVEMBER 18, 2019
‘RW’
MAC.APP. 14/2019 Page 3 of 3