IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. SEEMA

JUDGEMENT

(1.) THE Appellant Iffco Tokio General Insurance Co. Ltd. seeks reduction of compensation of Rs. 28,84,000/- awarded in favour of Respondents No.1 to 4 for the death of Deepak aged 26 years, who died in a motor accident, which took place on 14.09.2008.

(2.) THE following contentions are raised on behalf of the Appellant:-

(3.) THE Tribunal awarded a sum of Rs. 1,00,000/- towards loss of love and affection. I may mention that, where the Claimants are entitled to loss of dependency on actual basis, normally a nominal sum is awarded under the head of loss of love and affection. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while granting non-pecuniary damages irrespective of the number of dependents. THE Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only Rs. 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would reduce the compensation under this head to Rs. 25,000/- only.