NATIONAL INSURANCE CO. LTD. Vs. REKHA & ORS.

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs. 20,37,566/ - awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No. 1 to 5 for the death of Ram Narayan who died in a motor vehicle accident which occurred on 09.10.2007. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company; thus the same has attained finality.

(2.) DURING the inquiry before the Claims Tribunal, it was claimed that the deceased was in private employment and was having an income of Rs. 1,30,225/ - per annum. It was the Claimants' case that he (the deceased) was aged 44 years on the date of the accident. The Claims Tribunal made an addition of 30% towards future prospects/inflation, deducted 1/4th towards personal and living expenses and applied the multiplier of 14 to compute the loss of dependency as Rs. 17,77,566/ -. The same is not disputed by the Appellant. The Claims Tribunal further awarded a sum of Rs. 10,000/ - towards funeral expenses, Rs. 1,00,000/ - towards loss to estate, Rs. 50,000/ - towards loss of consortium and Rs. 1,00,000/ - towards loss of love and affection. The Claims Tribunal further awarded a counsel's fee of Rs. 50,000/ -. The Appellant challenges the award of non -pecuniary damages on the ground that the same is exorbitant and excessive as also the counsel's fee on the ground that the same is not in consonance with the Delhi High Court Rules and Orders.

(3.) 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. 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 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.