Delhi High Court
Oriental Insurance Co.Ltd. vs Ram Kishan & Ors. on 21 April, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.247/2009
Date of Decision: 21st April, 2010
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ORIENTAL INSURANCE CO.LTD. ..... Appellant
Through : Mr. Pradeep Gaur, Adv.
versus
RAM KISHAN & ORS. ..... Respondents
Through : Mr. R.K. Bachchan, Adv. for
R-1 and R-2.
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.7,35,000/- has been
awarded to claimants/respondents No. 1 and 2.
2. The accident dated 1st February, 2006 resulted in the
death of Sunil Kumar. The deceased was survived by his
parents who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 18 years at the time of the
accident and was self employed earning Rs.6,000/- per
month. The learned Tribunal took the income of the
deceased to be Rs.7,438/- per month, deducted 1/2 towards
his personal expenses and applied the multiplier of 15 to
compute the loss of dependency at Rs.6,69,420/-. The
learned Tribunal has awarded Rs.50,000/- towards loss of
love and affection and Rs. 15,000/- towards funeral
expenses. The learned Tribunal has awarded total
compensation of Rs.7,35,000/- to claimants/respondents
No.1 and 2.
4. The learned counsel for the appellant submits that the
deceased was self employed and, therefore, the future
prospects could not have been taken into consideration
according to the judgment of Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
2009 (6) Scale 129. The contention of learned counsel for
the appellant is accepted. The deceased was self employed
earning Rs.6,000/- per month and the learned Tribunal erred
in taking the income of the deceased as Rs.7,438/-. The
income of the deceased is taken as Rs.6,000/- per month, 1/2
is deducted towards his personal expenses and multiplier of
15 is applied to compute the loss of dependency at
Rs.5,40,000/- (Rs.6,000 x 1/2 x 12 x 15).
5. The Claims Tribunal has not awarded any
compensation for loss of estate. Rs.30,000/- is awarded
towards loss of estate. The respondents No.1 and 2 are
entitled to the total compensation of Rs.6,35,000/-
(Rs.5,40,000 + Rs.50,000 + Rs.15,000 + Rs.30,000)
10. The appeal is allowed and the award amount is reduced
from Rs.7,35,000/- to Rs.6,35,000/- along with interest
@7.5% per annum from the date of filing of the petition till
realization.
11. The appellant has deposited the entire award amount
along with interest with the Claims Tribunal after adjusting
the statutory amount of Rs.25,000/- deposited in this appeal,
out of which Rs.1,00,000/- has been released to the
claimants and remaining amount is lying in the fixed deposit
and the original fixed deposits have been retained by the
Claims Tribunal. The statutory amount of Rs.25,000/- be
refunded to the appellant within 30 days.
12. The appellant is entitled to refund of Rs.75,000/-
(Rs.7,35,000 - Rs.6,35,000) along with interest paid by them
on the said amount after adjusting the statutory amount of
Rs.25,000/-. It is clarified that the appellant shall be entitled
only to the interest paid by them on Rs.75,000/- while
depositing the award amount.
13. The Claims Tribunal is directed to discharge all the
pending fixed deposit receipts and direct the Bank to refund
the amount in terms of this judgment to the appellant within
two weeks.
14. With respect to the remaining amount, the Claims
Tribunal is directed to release 10% of the amount to
respondents/claimants No.1 and 2 by transferring the said
amount to their Saving Bank Account. The remaining
amount be kept in the joint names of respondents/claimants
No.1 and 2 in the following manner:-
(i) Fixed deposit in respect of 10% of the amount for
a period of six months.
(ii) Fixed deposit in respect of 10% of the amount for
a period of one year.
(iii) Fixed deposit in respect of 10% of the amount for
a period of one and a half years.
(iv) Fixed deposit in respect of 10% of the amount for
a period of two years.
(v) Fixed deposit in respect of 10% of the amount for
a period of two and a half years.
(vi) Fixed deposit in respect of 10% of the amount for
a period of three years.
(vii) Fixed deposit in respect of 10% of the amount for
a period of three and a half years.
(viii) Fixed deposit in respect of 10% of the amount for
a period of four years.
(ix) Fixed deposit in respect of 10% of the amount for
a period of four and a half years.
15. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the joint
Savings Account of respondents/claimants No.1 and 2.
16. Withdrawal from the aforesaid account shall be
permitted to respondents/claimants No.1 and 2 after due
verification and the Bank shall issue photo Identity Card to
respondents/claimants No.1 and 2 to facilitate identity.
17. No cheque book be issued to respondents/claimants
No.1 and 2 without the permission of this Court.
18. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to respondents/claimants No.1 and 2 and the
maturity amount of the FDRs be automatically credited to the
Saving Bank Account of the beneficiaries at the end of the
FDR.
19. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
20. Half yearly statement of account be filed by the Bank in
this Court.
21. On the request of respondents/claimants No.1 and 2,
the Bank shall transfer the Savings Account to any other
branch according to their convenience.
22. Respondents/claimants No.1 and 2 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.
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
APRIL 21, 2010
mk
