RELIANCE GENERAL INSURANCE CO LTD Vs. MURGAN

JUDGEMENT

(1.) Virthambal aged 22 years died as a result of injuries suffered in a motor vehicular accident that had occurred at about 06:30 AM on 15.03.2014 involving car (i-20) bearing registration no.HR-06P-7575 (the offending vehicle) concededly insured with the appellant herein against third party risk for the period in question, it having hit a motorcycle bearing registration no.DL-3SAE-3592 (motorcycle) driven by her husband Murgan she travelling as pillion rider. Murgan and Master Madhwan, husband and son of the deceased became the claimants in the proceedings registered as suit no.133/2014 on the basis of detailed accident report (DAR) submitted by the police in the context of first information report (FIR) no.112/2014 that was registered with police station Hazarat Nizamuddin respecting the fatal accident. The appellant/insurance company was impleaded as second respondent in addition to Sanjay Arora (driver-cum-owner).

(2.) The tribunal held inquiry and on its basis awarded compensation in the sum of Rs. 26,32,860.00 with interest at the rate of nine percent (9%) per annum from the date of filing of petition till realization. In reaching the said amount of compensation, the tribunal followed the dictum in Royal Sundaram Alliance Insurance Co. Ltd. Vs. Master Manmeet Singh & Ors., ILR (2012) IV Delhi 547 , wherein the method of calculation of loss of dependency on account of gratuitous services rendered by a housewife have been spelt out. It may be mentioned here that though the claimants pleaded that the deceased was working as maid earning Rs. 10,000.00, in absence of any proof respecting the said avocation or income, the pleadings to that effect were not accepted by the tribunal. Thus, the deceased was treated as housewife and loss of dependency calculated on the basis of the formula given in Royal Sundaram Alliance Insurance Co. Ltd. (supra).

(3.) It is the contention of the appellant that since the husband and son had pleaded that the deceased was working as maid, the judgment in Royal Sundaram Alliance Insurance Co. Ltd. (supra) could not have been invoked. It is noted that the insurance company had contested the claimant on facts and its objection was upheld and in the consequence the deceased was treated as a housewife and judgment Royal Sundaram Alliance Insurance Co. Ltd. (supra) applied. Having raised the said objection in the first place, it does not lie in the mouth of the insurance company now make an about turn and claim otherwise.