w w w . L a w y e r S e r v i c e s . i n



Bajaj Allianz General Insurance Company Ltd. & Another v/s Krishna & Others


Company & Directors' Information:- BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED [Active] CIN = U66010PN2000PLC015329

Company & Directors' Information:- BAJAJ AND COMPANY PVT LTD [Active] CIN = U00000DL1990PTC041995

Company & Directors' Information:- KRISHNA INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064252

Company & Directors' Information:- S KRISHNA AND COMPANY PRIVATE LIMITED [Active] CIN = U25209DL1989PTC124573

Company & Directors' Information:- S. KRISHNA & COMPANY PVT LTD. [Strike Off] CIN = U25191WB1989PTC046821

Company & Directors' Information:- BAJAJ (INDIA) PVT LTD [Strike Off] CIN = U51109WB1986PTC040285

Company & Directors' Information:- BAJAJ INDIA PVT LTD [Strike Off] CIN = U74899DL1976PTC008210

Company & Directors' Information:- I.N. INSURANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U67200DL1994PTC062554

    MAC.App. Nos. 595 of 2017, 169 of 2018

    Decided On, 05 July 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE J.R. MIDHA

    For the Appearing Parties: M.P. Shahi, Rakesh Gupta, Om Prakash Gupta, Shantha Devi Raman, Arihant Jain, Advocates.



Judgment Text

Oral:

1. The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.6,40,000/- has been awarded to the claimants.

2. The accident dated 4th August, 2016 resulted in the death of Raj Kumar @ Raju. The deceased was survived by his four brothers and two sisters including a widowed sister. The widowed sister claimed compensation for the death of Raj Kumar.

3. The deceased was aged 40 years at the time of the accident and was working as a tailor. The Claims Tribunal took minimum wages of unskilled workman as Rs.9,568/- per month, deducted 1/3rd towards the personal expenses and applied the multiplier of 15 to compute loss of estate as Rs.5,74,080/-. The Claims Tribunal awarded Rs.50,000/- towards loss of love and affection and Rs.15,000/- towards funeral expenses. The total compensation awarded is Rs.6,40,000/-.

4. Learned counsel for the appellant in MAC.APP.595/2017 urged at the time of the hearing that the claimants are entitled to 15% of the income of the deceased in terms of the principles laid down by this Court in Keith Rowe v. Prashant Sagar, 2011 ACJ 1734. It is further submitted that the loss of love and affection is no more permissible head in terms of the principles laid down in National Insurance Co. Limited v. Pranay Sethi, (2017) 13 SCALE 12.

5. Learned counsel for the claimants submits that the future prospects of 25% have not been taken into consideration by the Claims Tribunal in terms of Pranay Sethi (supra).

6. Ms. Shantha Devi Raman, learned amicus curiae submits that the loss of estate @ 15% of the income of the deceased be awarded to the claimants in terms of the principles laid down in Keith Rowe (supra).

7. Taking the minimum wages of Rs.9,568/- per month as income of the deceased, adding 25% towards future prospects and applying the multiplier of 15 and taking 15% thereof, the loss to the estate is computed as Rs.3,22,920/-. Rs.15,000/- is awarded towards funeral expenses. The claimant is entitled to total compensation of Rs.3,37,920/- along with interest @ 9% per annum.

8. MAC.APP.595/2017 is allowed and the compensation amount is reduced from Rs.6,40,000/- to Rs.3,37,920/- along with interest @ 9% per annum. MAC.APP.169/2018 is dismissed.

9. The insurance company has deposited the entire award amount with the Registrar General of this Court in terms of order dated 6th December, 2017. As per the calculation done by the Accounts Officer, the claimant is entitled to compensation of Rs.3,86,100/- (Rs.3,86,073.6 rounded off) which includes the interest as on today.

10. The Registrar General is directed to disburse Rs.3,86,100/- to the claimant by instructing UCO Bank, Delhi High Court Branch as under:

(i) Rs.1 lakh be transferred to the savings bank A/c No.32030100006537, with Bank of Baroda, Lajpat Nagar branch, New Delhi (IFSC Code : BARBOLAJPAT) of claimant.

(ii) Rs.2,86,100/- be kept in two FDRs of equal amount for the period 6 months and 1 year respectively with cumulative interest.

(iii) At the time of maturity, the maturity amounts of the said FDRs shall be credited in the individual savings bank account of the claimant mentioned above.

(iv) All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, a statement containing FDR number, FDR amount, date of maturity and maturity amount be furnished to claimant.

(v) No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

11. The balance amount, after disbursing Rs.3,8

Please Login To View The Full Judgment!

6,100/- to respondent No.1, be refunded back to the appellant along with interest accrued thereon. The statutory amount be also refunded back to the appellant in MAC.APP.595/2017. 12. This Court appreciates the assistance rendered by learned amicus curiae in this matter. 13. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.
O R







Judgements of Similar Parties

01-06-2020 P. Subramanian Versus The Insurance Ombudsman, Teynampet & Others High Court of Judicature at Madras
26-05-2020 Suneet Kumar Versus Krishna Kumar Agarwal High Court of Judicature at Allahabad
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
21-05-2020 V.K. Dayanand & Others Versus Kitty @ Krishna Reddy & Others High Court of Karnataka
19-05-2020 Branch Manager Tata AIG General Insurance Company Limited, Bilaspur C.G. Versus Kashi Ram Sahu & Others High Court of Chhattisgarh
07-05-2020 Mondi Murali Krishna Versus Dumpa Hanisha Naga Lakshmi & Others High Court of Andhra Pradesh
30-04-2020 Romesh Kumar Bajaj Versus Delhi Development Authority High Court of Delhi
24-04-2020 Bajaj Allianz General Insurance Co. Ltd. & Another Versus The State of Madhya Pradesh Supreme Court of India
17-04-2020 Shankar Sakharam Kenjale (Died) Through His Legal Heirs Versus Narayan Krishna Gade & Another Supreme Court of India
17-04-2020 Diljit Singh Bindra Versus Life Insurance Corporation of India Supreme Court of India
30-03-2020 Bala Krishna Mandapati Versus The State of Telangana, Rep., by its Chief Secretary, Revenue (Disaster Management-II), Hyderabad & Others High Court of for the State of Telangana
23-03-2020 The Branch Manager, National Insurance Company Limited, Sikkim Versus Bishal Chettri & Another High Court of Sikkim
18-03-2020 Prabhat Krishna Verma @ Babloo Versus State of U.P. High Court of Judicature at Allahabad
13-03-2020 Ashawati Singh & Others Versus Life Insurance Corporation off India, Thrpugh Divisional Manager, Allahabad National Consumer Disputes Redressal Commission NCDRC
13-03-2020 The National Insurance Co. Ltd., Kolkata, through its Regional Manager Versus Marotrao & Others In the High Court of Bombay at Nagpur
13-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Suchandra Basak West Bengal State Consumer Disputes Redressal Commission Kolkata
13-03-2020 IFFCO-TOKIO General Insurance Co. Ltd., Represented by its Manager, K.S.C.M.F. Buildings, Bangalore Versus Mageswari & Others High Court of Judicature at Madras
12-03-2020 The Branch Manager, Oriental Insurance Company Limited, Tiruvannamalai Versus Poongavanam & Others High Court of Judicature at Madras
12-03-2020 United India Insurance Co. Ltd., Tiruppur Versus Kaveriammal & Others High Court of Judicature at Madras
12-03-2020 M/s. National Insurance Co. Ltd., Puducherry Versus Rani & Others High Court of Judicature at Madras
12-03-2020 The Branch Manager, National Insurance Co. Ltd. Versus Subhash Mahanta West Bengal State Consumer Disputes Redressal Commission Kolkata
12-03-2020 National Insurance Co. Ltd., National Legal Vertical (Legal Cell), New Delhi Versus Biswadeb Koley & Others National Consumer Disputes Redressal Commission NCDRC
11-03-2020 M/s. United India Insurance Co. Ltd., Div. Office- I, Secunderabad Versus Syed Mohd. Rayees & Another High Court of for the State of Telangana
11-03-2020 M/s. National Insurance Co. Ltd., Basheerbagh, Hyderabad through local branch at Khammam Versus F.R. Phillip High Court of for the State of Telangana
11-03-2020 Agrocel Industries Pvt. Ltd. Versus United India Insurance Company Ltd. High Court of Judicature at Bombay
11-03-2020 S. Mahadevan Versus The General Manager, (Appellate Authority) Personnel Department, United India Insurance Company Ltd., Chennai High Court of Judicature at Madras
11-03-2020 Divisional Manager, M/s. Cholamandalam MS General Insurance Company Limited, Chennai Versus Anandan & Another High Court of Judicature at Madras
10-03-2020 M/s. Professional Management Consultants (P) Ltd., Chennai Versus Employees State Insurance Corporation, Rep by its Joint Director, Chennai High Court of Judicature at Madras
09-03-2020 The Branch Manager, M/s The Oriental Insurance Company Ltd. Through Divisional Manager Versus Jayanti Devi & Others High Court of Jharkhand
06-03-2020 Krishna Enterprise & Others Versus Axis Bank Limited & Another` High Court of Judicature at Calcutta
06-03-2020 National Insurance Co. Ltd., Rajasthan & Another Versus Bhawal Synthetics India Ltd., Rajasthan & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 Poonam Devi & Others Versus Oriental Insurance Co. Ltd. Supreme Court of India
06-03-2020 Mumtaz & Others Versus The National Insurance Co. Ltd., & Another High Court of Karnataka
05-03-2020 The Divisional Manager, Oriental Insurance Company Limited, Vellore Versus R. Damodharan & Another High Court of Judicature at Madras
05-03-2020 Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, Mythe Estate, Kaithu, Shimla, Himachala Pradesh Versus Bir Singh Rana National Consumer Disputes Redressal Commission NCDRC
05-03-2020 National Insurance Co. Ltd., Chennai Versus S. Chitirai Pandian & Others High Court of Judicature at Madras
05-03-2020 United India Insurance Co. Ltd., Chennai Versus B. Sudha & Others High Court of Judicature at Madras
04-03-2020 Nirmala Kothari Versus United India Insurance Co. Ltd. Supreme Court of India
04-03-2020 The Divisional Manager, The Oriental Insurance Co. Ltd., Tiruvannamalai Versus Suresh Kumar & Others High Court of Judicature at Madras
03-03-2020 The Oriental Insurance Co.Ltd., Broadway, Chennai & Another Versus G. Saravanan & Another High Court of Judicature at Madras
03-03-2020 M/s. Deluxe Enterprises, H.P. Versus Oriental Insurance Company Ltd., Punjab National Consumer Disputes Redressal Commission NCDRC
03-03-2020 Life Insurance Corporation Of India Through Its Additional Secretary(Legal), New Delhi Versus Raj Vilas Dongre & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 Reliance General Insurance Co. Ltd., Salem Versus Parameshwari & Others High Court of Judicature at Madras
03-03-2020 United India Insurance Company Limited Versus Yechuri Nirmala & Others High Court of for the State of Telangana
02-03-2020 Branch Manager, National Insurance Co. Ltd., Represented by Regional Manager, National Insurance Co. Ltd., Bengaluru Versus Latha & Others High Court of Karnataka
02-03-2020 Geetha & Others Versus United India Insurance Company Limited, Neyveli High Court of Judicature at Madras
02-03-2020 The Oriental Insurance Co. Ltd., Represented by its Manager, Dharmapuri Versus Venkatraman & Others High Court of Judicature at Madras
02-03-2020 Employees State Insurance Corporation, Represented by Its Director General, New Delhi & Others Versus Dr. P.S. Naina High Court of Kerala
02-03-2020 G.T.P. Transport Company, Swaranpuri, Salem & Another Versus National Insurance Company Ltd., Divisional Manager, Salem & Another High Court of Judicature at Madras
02-03-2020 Royal Sundaram Alliance Insurance Co. Ltd., Chennai Versus Abutahir & Others High Court of Judicature at Madras
02-03-2020 M/s. Bharti AXA General Insurance Co. Ltd., Doddaanekundi, Bangalore Versus Narasimman & Others High Court of Judicature at Madras
28-02-2020 ICICI Prudential Life Insurance Company Limited, Represented by its Authorised Signatory & Others Versus Chittipolu Uma Telangana State Consumer Disputes Redressal Commission Hyderabad
28-02-2020 M/s. Techno Global Services Pvt. Ltd. & Another Versus National Insurance Co. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
27-02-2020 National Insurance Co. Ltd. Versus Bhagwan Bhika Shirsath & Others High Court of Judicature at Bombay
26-02-2020 M/s. Food Corporation of India, Represented by its Area Manager, Coimbatore Versus Employees State Insurance Corporation, Represented by its Deputy Director, Coimbatore High Court of Judicature at Madras
25-02-2020 Life Insurance Corporation of India Versus Mukesh Poonamchand Shah Supreme Court of India
25-02-2020 Bajaj Allianz General Insurance Co. Ltd. Versus M/s. MPT Amtek Automotive Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
24-02-2020 The Branch Manager, The Oriental Insurance Co. Ltd., Divisional Office at Puducherry Versus Prabu, Rajendran, Senthilkumar, Nagappan, Chandrasekar & Minor Balaji, Rep. by his mother & next friend Jothi & Others High Court of Judicature at Madras
24-02-2020 The Commissioner, Treasuries & Accounts, Chennai & Others Versus Krishna P. Nair Before the Madurai Bench of Madras High Court
20-02-2020 United India Insurance Co. Ltd. Motor TP Claims Hub, Represented by its Manager Versus T. Thimmanna & Others High Court of Karnataka
20-02-2020 S. Senguttuvel & Others Versus The Branch Manager, United India Insurance Co., Ltd., Salem & Others High Court of Judicature at Madras
20-02-2020 Gangaram Rambhau Doiphode & Another Versus D. Kumar Naidu, Proprietor of M/s. Shree Krishna Transport & Another High Court of Judicature at Bombay
20-02-2020 Oriental Insurance Company Ltd., Maharashtra Versus M/s. Dangi Financial & Management Consultancy Pvt. Ltd. Maharashtra National Consumer Disputes Redressal Commission NCDRC
20-02-2020 Life Insurance Corporation of India, Through its Manager (L & HPF) Versus Meera Mehbubani Delhi State Consumer Disputes Redressal Commission New Delhi
19-02-2020 Talari Krishna Versus State of A.P., rep. by its Public Prosecutor High Court of A.P. & Others High Court of for the State of Telangana
19-02-2020 E.V. Gopalakrishnan Versus Ashin Krishna High Court of Kerala
19-02-2020 M/s. Pankaj Trading Company Proprietor Mr. Manoj Jain & Others Versus National Insurance Company Ltd. Rajnandgaon Chhattisgarh National Consumer Disputes Redressal Commission NCDRC
19-02-2020 Airport Authority of India, Represented by Its Chairperson, New Delhi & Others Versus B. Sham Krishna & Others High Court of Kerala
18-02-2020 National Insurance Co. Ltd. Versus Manjulaben Jayantibhai Usadadiya High Court of Gujarat At Ahmedabad
18-02-2020 M/s. Reliance General Insurance Company Versus Rakesh Sharma & Others Delhi State Consumer Disputes Redressal Commission New Delhi
18-02-2020 M/s. M.L. Spinners Pvt. Ltd., Haryana Versus Oriental Insurance Co. Ltd., Haryana & Another National Consumer Disputes Redressal Commission NCDRC
18-02-2020 The Branch Manager, Reliance General Insurance Co. Ltd. Versus Devikamma @ Devakemma & Others High Court of Karnataka Circuit Bench OF Kalaburagi
17-02-2020 Magma Fincorp Ltd., Kolkata Versus Oriental Insurance Co. Ltd., New Delhi & Others National Consumer Disputes Redressal Commission NCDRC
17-02-2020 National Insurance Co. Ltd. Versus Veena Jain Delhi State Consumer Disputes Redressal Commission New Delhi
14-02-2020 National Insurance Company Ltd. Through Its Duly Constituted Attorney Manager, National Insurance Company Ltd., New Delhi Versus M/s. Ganpati Timber Store, By Proprietor Sh. Rajesh Khadariya & Another National Consumer Disputes Redressal Commission NCDRC
14-02-2020 HDFC Standard Life Insurance Co. Ltd. Versus Gangineni Vasundhara National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Life Insurance Corporation of India Through Its Zonal Manager, Life Insurance Corporation Of India, New Delhi Versus Rajendra Sudamrao Shinde & Another National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Jitendra Kumar Khoiya Versus Shri Krishna Motors, Jhansi Road, Sakhiya Vilas & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
12-02-2020 The State of Maharashtra Versus Masu Krishna Chavan & Another High Court of Judicature at Bombay
12-02-2020 Oriental Insurance Co. Ltd. Versus National Bulk Handling Corporation Pvt. Ltd. Supreme Court of India
11-02-2020 V.P. Padmakumar Versus Insurance Ombudsman & Another National Consumer Disputes Redressal Commission NCDRC
11-02-2020 The Deputy Director, Sub-Regional Office, Employees State Insurance Corporation, Thiruvananthapuram & Another Versus Surendra Das, Proprietor, Hotel Sree Visakh, Thiruvananthapuram & Others High Court of Kerala
11-02-2020 Krishna Shri Gupta Versus State of U.P. & Others High Court of Judicature at Allahabad
11-02-2020 Bharati AXA Life Insurance Co. Ltd. & Another Versus Asim Kumar Mukherjee & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
11-02-2020 Anandbhai Mansangbhai Chaudhury At Navin Paru Versus Oriental Insurance Company Limited Umiya Shopping Center, Gujarat National Consumer Disputes Redressal Commission NCDRC
11-02-2020 The Chief Senior Branch Manager, Life Insurance Corporation of India, Thiruvananthapuram Versus Valsala Gopinathan, ‘Sreevalsam', Kottooli Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
07-02-2020 Pooja Versus Life Insurance Corporation Through Its General Manager, Rajasthan National Consumer Disputes Redressal Commission NCDRC
07-02-2020 Rakesh Malhotra Versus Krishna Malhotra Supreme Court of India
07-02-2020 Rajankumar & Brothers (Impex) Versus Oriental Insurance Company Ltd. Supreme Court of India
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Devendra Bansal Versus National Insurance Company Ltd. & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
07-02-2020 Bharti Axa General Insurance Co. Ltd. Versus Priya Paul & Another Supreme Court of India
07-02-2020 Jongam Krishna Kanth V/S Andhra Bank and Others. Debts Recovery Tribunal Hyderabad
06-02-2020 Canara Bank Versus M/s. United India Insurance Co. Ltd. & Others Supreme Court of India
06-02-2020 Rakesh Chandra Savita Versus United India Insurance Company Limited, Through Divisional Manager & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
06-02-2020 M/s. United India Insurance Co. Ltd., Basheerbagh, Hyderabad Versus Syed Rehmath Ali & Others High Court of for the State of Telangana
06-02-2020 Kelvin Jute Company Ltd. Workers' Provident Fund & Another Versus Krishna Kumar Agarwal, President, Waverly Jute Mills Co. Workers & Others High Court of Judicature at Calcutta
05-02-2020 Patcha Subrahmanyam Versus Chenna Krishna Rao & Others High Court of Andhra Pradesh
04-02-2020 Rina Karmakar Versus Life Insurance Corporation of India, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
04-02-2020 Patani Jyotsnaben Arvindbhai Versus PNB Metlife India Insurance Co. Ltd. & Another Delhi State Consumer Disputes Redressal Commission New Delhi


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box