Delhi High Court
National Insurance Company Ltd vs Shrikant & Ors on 26 February, 2010
Author: J.R. Midha
10
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.634/2009
Date of Decision: 26th February, 2010
%
NATIONAL INSURANCE COMPANY LTD ..... Appellant
Through:Mr. Manoj Ranjan Sinha, Adv.
versus
SHRIKANT & ORS ..... Respondents
Through:Mr. S.N. Parashar,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.9,18,655/- has been
awarded to claimant/respondent No.1.
2. The accident dated 29th September, 2006 resulted in
grievous injuries to respondent No.1. Respondent No.1 was
travelling in bus bearing No.DL-1PB-3513. Respondent No.1
was alighting from the bus when the driver suddenly
increased the speed due to which respondent No.1 fell down
and suffered compound split bone fracture medial aspect of
ankle and foot (friction crush injury R foot degloving over
medical foot + ankle).
3. The permanent disability of respondent No.1 was
assessed to be 72% in respect of right lower limb being a
case of degloving injury right ankle and feet.
4. The claimant was working in a Chocolate Factory and
the learned Tribunal assessed the functional disability of the
claimant more than 60% in respect of the whole body
considering that he could not move without crutches and was
rendered 100% disabled for various jobs. The claimant was
earning Rs.5,000/- per month in the chocolate factory and in
the absence of any documentary proof, the learned Tribunal
took the minimum wages of Rs.3,312/-, added 50% due to
increase in minimum wages and applied the multiplier of 18
to compute the loss of earning capacity at Rs.6,43,850/-.
Rs.4,805/- has been awarded towards medical expenses,
Rs.10,000/- towards conveyance, Rs.10,000/- towards special
diet, Rs.80,000/- towards pain and suffering, Rs.1,00,000/-
towards loss of amenities of life and Rs.70,000/- towards
disfigurement. The total compensation awarded is
Rs.9,18,655/-.
5. The only ground urged by learned counsel for the
appellant is that the functional disability of the claimant
should have been taken as 30% instead of 60% taken by the
Claims Tribunal. The appellant is present in Court and his
injuries have been perused. The appellant is unable to stand
without crutches and the finding of the Claims Tribunal that
his functional disability is more than 60% is just, fair and
reasonable and does not call for any interference.
6. For all the aforesaid reasons, the appeal is dismissed.
7. The appellant has deposited a sum of Rs.11,36,678/-
with UCO bank in terms of Order dated 22 nd December, 2009.
The UCO Bank is directed to release a sum of Rs.1,36,678/-
to the respondent No.1 by transferring the said amount to his
Savings Bank Account. The remaining amount of
Rs.10,00,000/- be kept in fixed deposit in the following
manner:-
(i.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of six months.
(ii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of one year.
(iii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of one and a half
years.
(iv.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of two years.
(v.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of two and a half
years.
(vi.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of three years.
(vii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of three and a half
years.
(viii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of four years.
(ix.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of four and a half
years.
(x.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of five years.
(xi.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of five and a half
years.
(xii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of six years.
(xiii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of six and a half
years.
(xiv.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of seven years.
(xv.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of seven and a half
years.
(xvi.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of eight years.
(xvii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of eight and a half
years.
(xviii.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of nine years.
(xix.) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of nine and a half
years.
(xx.) Fixed deposit for Rs.5,25,000/- in the name of
respondent No.1 for a period of ten years.
8. Respondent No.1 submits that there is no branch of
UCO Bank near the place of his residence at Village
Vikrampur, P.O. Marhora, Distt. Chhapra and there is a
branch of State Bank of India. The UCO Bank is directed to
transfer/remit the monthly interest as well as the maturity
amount of the fixed deposit to the Savings Bank Account of
respondent No.1 with State Bank of India. Respondent No. 1
shall intimate his account number to Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400).
9. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.1.
10. Withdrawal from the aforesaid account shall be
permitted to respondent No.1 after due verification and the
Bank shall issue photo Identity Card to respondent No.1 to
facilitate identity.
11. No cheque book be issued to respondent No.1 without
the permission of this Court.
12. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to respondent No.1 and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiary at the end of the FDR.
13. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
14. Half yearly statement of account be filed by the Bank in
this Court.
15. On the request of respondent No.1, the Bank shall
transfer the Savings Account to any other branch according
to the convenience of respondent No.1.
16. Respondent No.1 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.
17. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
18. 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
FEBRUARY 26, 2010/HL
