Delhi High Court - Orders
Subhash Chander Sachdeva & Anr vs Bochu Venkateshwar Rao & Ors (United ... on 22 May, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~9 & 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 515/2017 & CM APPL. 15959/2019 (amendment)
SUBHASH CHANDER SACHDEVA & ANR ..... Appellants
Through: Mr.Sunil Malhotra, Adv.
versus
BOCHU VENKATESHWAR RAO & ORS (UNITED INDIA
INSURANCE CO LTD) ..... Respondents
Through: Mr.Pradeep Gaur, Adv.
+ MAC.APP. 524/2017 & CM APPL. 22822/2017 (stay)
UNITED INDIA INSURANCE CO LTD ..... Appellant
Through: Mr.Pradeep Gaur, Adv.
versus
SUBHASH CHANDER SACHDEVA & ORS ..... Respondents
Through: Mr.Sunil Malhotra, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 22.05.2023
1. The present two appeals, one preferred by the insurer and other by the claimants, seek to assail the award dated 28.02.2017 passed by the learned Motor Accident Claim Tribunal. Vide the impugned award, the learned Tribunal has awarded a sum of Rs. 19,92,000/- as compensation along with interest @9% to the claimants. While the claimants, by way of MAC APP 515/2017, seek enhancement of compensation awarded by the learned Tribunal, the insurer by way of MAC APP 524/2017, seeks reduction thereof.
2. In support of his plea that the compensation awarded by the learned This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:38:17 Tribunal ought to be enhanced, learned counsel for the claimants has raised three primary grounds. The first being that the learned Tribunal erred in applying the multiplier based on the age of the claimants instead of that of the deceased. The claimant in the present case was a young individual of 24 years and, therefore, the multiplier which was required to be taken into account by the learned Tribunal was 18 as against the multiplier of 11, which has been taken into account by the learned Tribunal. He next submits that that the learned Tribunal wrongly took the claimant's salary as Rs. 32,058/- even though as per Ex.C-3, the salary certificate of the deceased which was duly proved before this Court on 12.07.2019, his monthly salary was Rs. 35,870/-, which fact the learned Tribunal failed to appreciate.
3. He finally submits that the learned Tribunal has also erred in not including the medical allowance, transport allowance, leave travel allowance, bonus and gratuity of the deceased while computing his monthly salary. He therefore prays that the appeal be allowed and the compensation awarded by the learned Tribunal be suitably enhanced.
4. Per contra, Mr. Pradeep Gaur, learned counsel for the insurer seeks to defend the impugned award by contending that the learned Tribunal has, while awarding compensation in favour of the claimant, failed to take into account the fact that the family of the deceased had already received a sum of Rs.42,00,000/- as ex gratia amount from the employer of the deceased, which amount, he contends, included a sum of Rs. 15,00,000/- towards his insurance policy. He therefore submits that once the claimants had already received a sum of Rs.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:38:17 42,00,000/- as ex gratia compensation from the employer of the deceased, they were not entitled to seek any compensation for the second time in respect of the same accident. In support of his plea, he seeks to place reliance on the decision of the Apex Court in Civil Appeal No.9654/2016 titled Reliance General Insurance Company Limited v. Shashi Sharma & Ors.
5. Both sides pray for and are granted time to make further submissions.
6. At request, list on 29.05.2023.
REKHA PALLI, J MAY 22, 2023 kk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:38:18