ORIENTAL INSURANCE CO. LTD. Vs. SUMAN & ORS.

JUDGEMENT

(1.) On the accident claim case (MACT Old no. 276/10 - new no. 15291/15) instituted for and on behalf of the respondent nos. 1 to 4 (collectively, the claimants) on 13.09.2010, by judgment dated 27.05.2016, the Motor Accident Claims Tribunal returned finding to the effect that Vicky Chauhan, aged about 22 years had died in motor vehicular accident that had occurred on 22.06.2010 due to negligent driving by fifth respondent (driver) of motorcycle bearing registration DL-5-SAA-6639 registered in the name of sixth respondent (owner), and admittedly insured against third party risk for the period in question with the appellant (insurer).

(2.) The Tribunal awarded total compensation in the sum of Rs. 21,26,000/-, it being inclusive of Rs. 17,01,000/- towards loss of dependency besides non-pecuniary damages in the sum of Rs. 2,00,000/- towards loss of love and affection, Rs. 1,00,000/- each towards loss of consortium and estate and Rs. 25,000/- towards funeral expenses. The compensation was ordered to be paid by the insurer with interest at 9% per annum, it having been apportioned in the ratio of 30:30:30:10 in favour of respondents nos. 1, 2, 2A and 3 respectively.

(3.) The insurer presses the appeal on the ground that non-pecuniary heads of damages are excessive. This plea must be accepted in view of the ruling of the Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. v. Pranay Sethi and Ors .