RELIANCE GENERAL INSURANCE CO LTD Vs. LALITA

JUDGEMENT

(1.) THE Appellant Insurance Company impugns a judgment dated 31.01.2011 whereby a compensation of RS.30,37,000/- was awarded for the death of Sudhir Kumar Sharma who died in an accident which occurred on 17.10.2009.

(2.) THE Appellant's grievance is that it was not given opportunity to prove that the driver did not possess a valid driving licence and that the compensation awarded is exorbitant and excessive.

(3.) THE 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) only under the head of loss of love and affection. Thus, I would reduce the compensation under this head to RS.25,000/- only.