Reliance General Insruance Co. ... vs Sohan Pal & Ors.
2010 Latest Caselaw 795 Del

37
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +   MAC.APP.No.286/2008

                             Date of Decision: 10th February, 2010
%

      RELIANCE GENERAL INSRUANCE CO. LTD. ..... Appellant
                    Through : Mr. Pankaj Seth, Adv.
               versus

    SOHAN PAL & ORS.                   ..... Respondents
                  Through : Mr. Adarsh Ganesh, Adv.
                             for R-1.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may                NO
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?               NO

3.      Whether the judgment should be                       NO
        reported in the Digest?

                          JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.4,68,300/- has been

awarded to them.

2. The accident dated 1st April, 2007 resulted in the death

of Kailash. The deceased was returning from his native

village Bhanpur, District Bulandsahar (U.P.) on motorcycle

bearing No.DL-4-SB-2340 driven by his friend, Amit Kumar

when the motorcycle was hit by a truck resulting in fatal

injuries to the deceased. The deceased was survived by his

parents who filed the claim petition before the Claims

Tribunal.

3. The deceased was aged 30 years, 11 months and 18

days at the time of the accident. The deceased was a

matriculate. It was claimed that the deceased was employed

with a shoe company earning Rs.3,300/- per month. The

learned Tribunal accepted the income of Rs.3,300/- per

month considering that it was less than the prescribed

minimum wages of Rs.3,500/- per month, deducted 1/3rd

towards the personal expenses and applied the multiplier of

17 to compute the loss of dependency at Rs.4,48,800/-.

Rs.15,000/- has been awarded towards the pre-death

treatment expenses, Rs.2,000/- towards funeral expenses

and Rs.2,500/- towards loss of estate. The total

compensation awarded is Rs.4,68,300/-.

4. The learned counsel for the appellant has urged at the

time of hearing of this appeal that the personal expenses of

the deceased be increased from 1/3rd to 1/2 and the

multiplier be reduced according to the age of the claimants.

5. The learned counsel for the claimants submit that the

future prospects have not been taken into consideration. It

is also noted that the Claims Tribunal has not awarded any

compensation for loss of love and affection to which the

claimants are entitled to.

6. Respondent No.1 is present in the Court and submits

that he has to undergo prostrate surgery and has no means

for incurring expenditure on the said surgery. Respondent

No.1 is permanent resident of Village Bhanpur, PS Sikarpur

District Bulandsahar (U.P.) and has visited Delhi only to

attend the hearing of this case.

7. Considering that the learned Claims Tribunal has not

taken into consideration the future prospects of the

deceased and has not awarded any amount for loss of love

and affection and also the poor economic condition of

respondent No.1 and his present health condition, this Court

would not like to interfere with the impugned award.

However, it is made clear that this case is being decided on

the peculiar facts and circumstances of this case and shall

not be treated as a precedent.

8. The appellant has deposited the entire award amount

with the Registrar General of this Court in terms of the order

dated 9th May, 2008 out of which 75% award amount has

been released to claimants/respondents No.1 and 2 and the

remaining 25% award amount is lying in fixed deposit.

9. The Registrar General is directed to transfer the

balance 25% award amount to State Bank of India A/c Sohan

Pal, Tis Hazari Court through Mr. H.S. Rawat, Relationship

Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

within 30 days.

10. Upon the receipt of the aforesaid amount, the State

Bank of India is directed to release 50% of the said amount

by transferring the same to the Saving Bank Account of the

respondents and 50% remaining amount be kept in fixed

deposit for one year with cumulative interest.

11. The original Fixed Deposit Receipt shall be retained by

the Bank in the safe custody. However, the original Pass

Book shall be given to the respondents along with the

photocopy of the FDR.

12. On the expiry of the period of the FDRs, the maturity

amount of the FDR be paid by automatically transferring the

same to the Saving Bank Account of the respondents.

13. No loan, advance or withdrawal shall be allowed on the

said fixed deposit receipts without the permission of this

Court.

14. On the request of the respondents, the Bank shall

transfer the Savings Account to any other branch of State

Bank of India according to the convenience of the

respondents.

15. The respondents shall furnish all the relevant

documents for opening of the Saving Bank Account and Fixed

Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis

Hazari Branch, Tis Hazari (Mb: 09717044322).

16. Copy of the order be given dasti to counsel for both the

parties under the signatures of the Court Master.

17. Copy of this order be also sent to Mr. H.S. Rawat,

Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:

09717044322) through the State Bank of India, Tis Hazari

Branch under the signature of Court Master.

J.R. MIDHA, J FEBRUARY 10, 2010 aj