Sanjeev Goswami & ORS v. Kannappa & ORS (Shriram General Insurance Co Ltd)

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 54/2016 SANJEEV GOSWAMI & ORS ..... Appellants Through:

versus KANNAPPA & ORS (SHRIRAM GENERAL INSURANCE CO LTD) ..... Respondents Through:

Mr. Sameer Nandwani and Mr.

Sundeep Pandhi, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 28.02.2020 CM APPL. 8071/2020 (fresh by R-3 for correction) This application seeks correction of the computation of the 'loss of dependency', inasmuch as 1/3rd has been deducted towards personal expenses, whereas in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16 SCC 680 it should have been 50% because the deceased was a bachelor. The total admitted amount by the applicant-respondent no.3 would be as under:

Sl.

Particulars Amount No.

Loss of Dependency [Rs. 7,63,960/-(annual Rs. 96,25,896/- income of the deceased)x18(multiplier)x140/100(loss of KUMAR 17:30:51

future prospects)x 50/100(1/2 deduction towards personal expenses)] Loss of Love and Affection [Rs. 50,000/- Rs. 1,50,000/- x3] Loss of Consortium [Rs. 40,000/-x3] Rs. 1,20,000/- Loss of Estate Rs. 15,000/- Funeral Expenses Rs. 15,000/- Total Rs. 99,25,896/- The total admitted amount shall be deposited before the learned Tribunal in terms of the aforesaid order within two weeks from the date of receipt of copy of this order, to be released to the beneficiary(ies) of the Award in terms of the judgment dated 15.01.2020. Issue notice to the non-applicants/claimants by way of ordinary process, approved courier, Speed Post, WhatsApp, E-mail, dasti and through counsel as well returnable on 21.04.2020.

NAJMI WAZIRI, J FEBRUARY 28, 2020 AB KUMAR 17:30:51