MAC .APP.No.245/2007 Page 1 of 4 16 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.245/2007 Date of Decision: 29st July, 2009 % NATIONAL INSURANCE CO.LTD. ..... Appellant Through : Mr. S.L. Gupta and Mr. P.K. Singh, Advs. versus NIVEDITA SHARMA & ORS. ..... Respondents Through : Mr. Achin Goel, Adv. for Mr. S. Nanda Kumar, Adv. for R – 1 to 4. .CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 1. Whether Reporters of Local papers may YES be allowed to see the Judgment? 2. To be referred to the Reporter or not? YES 3. Whether the judgment should be YES reported in the Digest? JUDGMENT (Oral) 1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.21,53,248/- has been awarded to claimants/respondent Nos.1 to 4. 2. The accident dated 30th November, 2001 resulted in the death of Asim Kumar Sharma and Baby Aadya Sharma. The deceased Asim Kumar Sharma was survived by his widow, son and parents who filed the claim petition before the learned Tribunal. Separate claim petition was filed in respect of the death of Baby Aadya Sharma. Common award was passed in respect of both the claim petitions and MAC .APP.No.245/2007 Page 2 of 4 compensation of Rs.21,53,248/- has been awarded in respect of the death of Asim Kumar Sharma and compensation of Rs.1,80,000/- has been awarded in respect of Baby Aadya Sharma. The award passed in respect of the death of Baby Aadya Sharma has not been challenged by the appellant and the appellant has satisfied the said award. However, the award passed by the learned Tribunal in respect of the death of Asim Kumar Sharma is under challenge in this appeal. 3. The deceased was aged 32 years at the time of the accident and was working with Ministry of Information and Broadcasting earning Rs.13,675/- per month. The learned Tribunal considered the future prospects and applied the multiplier of 13. After deducting 1/3rd towards the personal expenses of the deceased, the loss of dependency was computed as Rs.21,33,248/-. Rs.5,000/- has been awarded under the each of the heads of transportation of the dead body, funeral expenses, loss of estate and loss of consortium. The total compensation awarded is Rs.21,53,248/-. 4. The appellant has challenged the impugned award on the sole ground that the deceased was contributory negligent for the accident as more than two persons were riding on the scooter driven by the deceased. The deceased was driving the scooter and his wife, minor daughter aged six years and minor son aged one year were sitting on the pillion. This by itself cannot be said to constitute contributory negligence. MAC .APP.No.245/2007 Page 3 of 4 5. The learned Tribunal has well considered this aspect in the impugned award. There is no evidence to prove the contributory negligence. On the other hand, the evidence clearly points out rash and negligent driving of the offending tanker which came from behind and hit the scooter driven by the deceased resulting in the death of deceased and his daughter. 6. The finding of the learned Tribunal with respect to the negligence of the offending vehicle is, therefore, upheld. The computation of compensation by the learned Tribunal is in accordance with law and the amount awarded by the learned Tribunal is just, fair and reasonable. 7. The appeal is, therefore, dismissed. 8. The appellant has deposited 50% of the award amount along with interest with the learned Tribunal in terms of the order dated 3rd May, 2007. The stay with respect to the balance 50% along with interest is vacated and the appellant is directed to deposit the balance 50% along with interest with the learned Tribunal. 9. The learned Tribunal shall disburse the same to the claimants/respondent Nos.1 to 4 in terms of the award. 10. Upon satisfaction of the entire award, the appellant shall furnish the proof of satisfaction of the impugned award whereupon the Registry shall release the statutory amount of Rs.25,000/- to the appellant through counsel. MAC .APP.No.245/2007 Page 4 of 4 11. Copy of this order be given ‘Dasti’ to learned counsel for both the parties under signatures of Court Master. J.R. MIDHA, J JULY 29, 2009 mk