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Judgment
G.P. Mittal, J.—This case relates to the death of Smt. Manglo Devi who was aged about 65 years at the time of the accident. By the impugned order dated 29.08.2011, the Motor Accident Claims Tribunal, (the Tribunal) concluded that there was no loss of dependency, yet awarded a sum of Rs. 2,75,000/- towards the loss of love and affection, Rs. 10,000/- towards funeral expenses and Rs. 15,000/- towards loss of estate. Ms. Suman Bagga, learned counsel for the Appellant submits that the grant of compensation of Rs. 2,75,000/- for loss of love and affection was highly exorbitant. Normally, the notional sum is awarded under the head of loss of love and affection.
Learned counsel for the Appellant placed reliance on Smt. Manjuri Bera Vs. The Oriental Insurance Company Ltd. and Another, where an amount of Rs.50,000/- payable u/s 140 of the Motor Vehicles Act was taken as compensation on account of loss of estate.
In the present case, in view of the peculiar facts that Respondents No.1 to 3 (the Claimants) were not financially dependent on the deceased, a sum of Rs. 25,000/- towards the loss of love and affection and Rs. 10,000/- towards funeral expenses is awarded in addition to Rs. 50,000/- towards loss of estate. The overall compensation comes to Rs. 85,000/-.
The compensation awarded shall carry interest @ 7.5% per annum as awarded by the Tribunal and shall be released in favour of Respondents No.1 to 3 in equal proportion forthwith.
The excess amount along with interest earned if any, during the pendency of the appeal, shall be refunded to the Appellant IFFCO Tokyo General Insurance Company Limited. The statutory amount of Rs. 25,000/- shall also be refunded.
The Appeal is allowed in above terms. Pending applications also stands disposed of.