Delhi High Court
National Insurance Co. Ltd vs Ahrar Ahmed And Ors on 25 November, 2009
Author: J.R. Midha
11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.473/2009
Date of Decision: 25th November, 2009
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NATIONAL INSURANCE CO. LTD ..... Appellant
Through : Ms. Rajdipa Behura and
Mr. C.S. Chauhan, Advs.
versus
AHRAR AHMED AND ORS ..... Respondents
Through : Mr. N.K. Jha, Adv. for R-1.
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.19,67,530/- has been
awarded to claimants/respondents No.1(i) to (v).
2. The accident dated 29th September, 2006 resulted in
the death of Ijhar Ahmed. The deceased was survived by
his widow, two sons and a daughter who filed the claim
petition before the learned Tribunal.
3. The deceased was aged 54 years at the time of the
accident and was in permanent employment with MTNL
earning Rs.14,753/- per month. The learned Tribunal added
50% towards future prospects, deducted 1/3rd towards
personal expenses and applied the multiplier of 11 to
compute the loss of dependency at Rs.19,47,528/-.
Rs.10,000/- has been awarded towards loss of consortium
and Rs.10,000/- towards funeral expenses. The total
compensation awarded is Rs.19,67,528/-.
4. The only ground urged by learned counsel for the
appellant is that the future prospects should not have been
taken into consideration in view of the recent judgment of
the Hon'ble Supreme Court in the case of Sarla Verma Vs.
Delhi Transport Corporation, 2009 (6) Scale 129 as the
deceased was 54 years old.
5. The claimants are present along with their counsel.
The learned counsel for the claimants/respondents do not
dispute the ground raised by learned counsel for the
appellant. However, the learned counsel for the claimants
submit that the deduction towards the personal expenses
should be reduced from 1/3rd to 1/4th and the compensation
be awarded for loss of love and affection and loss of estate in
terms of the judgment of the Hon'ble Supreme Court in the
case of Sarla Verma (supra).
6. Following the recent judgment of the Hon'ble Supreme
Court in the case of Sarla Verma (supra), the income of the
deceased is taken to be Rs.14,753/-, 1/4th is deducted
towards personal expenses of the deceased, multiplier of 11
is applied, Rs.10,000/- is added towards loss of consortium,
Rs.10,000/- towards loss of love and affection, Rs.10,000/-
towards loss of estate and Rs.10,000/- towards funeral
expenses. The total compensation is computed to be
Rs.15,00,547/-.
7. The appeal is allowed and the award amount is reduced
from Rs.19,67,528/- to Rs.15,00,547/- along with interest
@7% per annum from the date of filing of the petition till
realization.
8. The appellant has deposited Rs.17,95,287/- with UCO
Bank in terms of the order dated 24th September, 2009. The
aforesaid amount includes the principal amount of
Rs.15,00,547/- and interest thereon up to the date of the
deposit.
9. Claimants/respondents No.1(i) and 1(ii) are present in
the Court and they have been examined with respect to their
financial status and financial needs.
10. UCO Bank is directed to release Rs.45,287/- to
respondent No.1(i) - Ahrar Ahmed, Rs.50,000/- to respondent
No.1(v) - Ishrath Jahan and Rs.1,00,000/- to respondent
No.1(ii) - Shahjahan Bano.
11. The remaining amount of Rs.16,00,000/- be kept in four
fixed deposits as per the details hereunder:-
(i) Fixed deposit for Rs.10,00,000/- in the name of
Shahjahan Bano for a period of 10 years.
(ii) Fixed deposit for Rs.2,00,000/- in the name of
Ahrar Ahmed for a period of 5 years.
(iii) Fixed deposit for Rs.2,00,000/- in the name of
Azar Ahmed for a period of 5 years.
(iv) Fixed deposit for Rs.2,00,000/- in the name of
Ishrath Jahan for a period of 5 years.
12. The monthly interest in respect of three fixed deposits
in the name of Shahjahan Bano, Ahrar Ahmed and Azar
Ahmed be released to Shahjahan Bano by transferring the
same to her Saving Bank Account whereas the interest on
fixed deposit in the name of Ishrath Jahan be released to her
by transferring the same to her Saving Bank Account.
13. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent Nos. 1(ii) and 1(v).
14. Withdrawal from the aforesaid account shall be
permitted to respondent Nos. 1(ii) and 1(v) after due
verification and the Bank shall issue photo Identity Card to
respondent Nos. 1(ii) and 1(v) to facilitate identity.
15. No cheque book be issued to respondent Nos. 1(ii) and
1(v) without the permission of this Court.
16. The original Fixed Deposit Receipts shall be retained by
the Bank in the safe custody. However, the original Pass
Book shall be given to respondent Nos. 1(ii) and 1(v) along
with the photocopy of the FDRs.
17. The original Fixed Deposit Receipts shall be handed
over to respondent Nos. 1(ii) and 1(v) at the end of the fixed
deposits period.
18. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipt without the permission of this
Court.
19. Half yearly statement of account be filed by the Bank in
this Court.
20. On the request of the claimants/respondents, the Bank
shall transfer the Savings Account to any other branch of
UCO Bank according to their convenience.
21. The claimants/respondents shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. M.M. Tandon, Member-Retail Team,
UCO Bank Zonal, Parliament Street, New Delhi.
22. Since the appellant has deposited the entire award
amount along with interest, the statutory amount of
Rs.25,000/- be refunded back to the appellants through
counsel within four weeks.
23. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
24. Copy of this order be also sent to Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) through the UCO Bank,
High Court Branch under the signature of Court Master.
J.R. MIDHA, J
NOVEMBER 25, 2009
aj
