Delhi High Court
Uoi vs Nanisiri on 13 January, 2010
Author: J.R. Midha
12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.682/2005
% Date of decision: 13th January, 2010
UOI ..... Appellant
Through : None.
versus
NANISIRI ..... Respondent
Through : Mr. Kanwal Choudhary, amicus
curiae.
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. Vide order dated 6th October, 2004, the learned Tribunal
awarded a sum of Rs.5,04,600/- to claimants/respondents No.1 to
5 against which the appellant has filed this appeal.
2. On 28th November, 2005, the appellant submitted before
this Court that the entire award amount along with interest
amounting to Rs.9,99,312/- has been deposited with the learned
Tribunal whereupon this Court directed 50% of the award amount
be released to claimants/respondents No.1 to 5 in the proportion
mentioned in the award. It was further directed that
proportionate amount be kept in fixed deposit in terms of the
award out of the amount directed to be released.
3. In pursuance to the above order, 50% amount was released
to the claimants and the balance 50% amount is with the learned
Tribunal and, therefore, vide order dated 18th December, 2009,
the Tribunal was directed to give the particulars of the amount
lying with it.
4. The learned Tribunal has sent a report stating that the
present Nazir has no cheques qua the present case. It is further
submitted that the present Nazir has not received any record
from the previous Nazir and the learned Tribunal has issued a
notice to the previous Nazir.
5. The report reveals that the record of the Nazir has not been
properly maintained and the previous Nazir has not handed over
the record to the present Nazir.
6. This is a serious matter and, therefore, the learned Principal
District and Sessions Judge is directed to examine the manner in
which the record is being maintained by the Nazir and
appropriate action be taken for loss of record of this case. The
record of the Nazir be traced out and the report be submitted to
this Court within three weeks.
7. It has been brought to the notice of this Court that after the
deposit of cheques by the Insurance Companies with the Claims
Tribunal, no intimation is given to the claimants and in many
cases, by the time, the claimant gets the information of deposit
of the cheque, the cheque has already expired. It is stated that
in many cases, the cheques have also been lost like in the
present case. This problem can be resolved by directing the
Insurance Companies to directly deposit the award amount with
the bank with the direction to the bank to keep specified amount
in fixed deposit in terms of the award and release the balance
amount by transferring the same to the Saving Bank Account of
the victim/claimant. All the Motor Accident Claims Tribunals are,
therefore, directed to henceforth direct the Insurance Companies
to directly deposit the award amount in the bank within 30 days
with further directions as to the disbursement of the same in
terms of the award and the case be kept pending till the
compliance is placed on record. The directions given by this
Court for deposit and disbursement of the award amount have
been reaffirmed by the Hon‟ble Supreme Court in the order dated
17th December, 2009 in SLP(C) No.11801-11804/2005 which is
reproduced hereunder:-
"18. To protect and preserve the compensation
amount awarded to the families of the deceased
victim special schemes may be considered by
the insurance companies in consultation with the
Life Insurance Corporation of India, State Bank of
India or any other Nationalized Banks. One
proposal is for formulation of a scheme in
consultation with Nationalized Banks under
which the compensation is kept in fixed deposit
for an appropriate period and interest is paid by
the Bank monthly to the claimants without any
need for claimants having to approach either the
Court or their counsel or the Bank for that
purpose. The scheme should ensure that the
amount of compensation is utilized only for the
benefit of the injured claimants or in case of
death, for the benefit of the dependent family.
We extract below the particulars of a special
Scheme offered by a nationalized Bank at the
instance of the Delhi High Court :
(i) The fixed deposit shall be automatically
renewed till the period prescribed by the
Court.
(ii) The interest on the fixed deposit shall be
paid monthly.
(iii) The monthly interest shall be credited
automatically in the saving account of the
claimant.
(iv) Original fixed deposit receipt shall be
retained by the Bank in safe custody.
However, the original pass book shall be
given to the claimant along with the
photocopy of the FDR.
(v) The original fixed deposit receipt shall be
handed over to the claimant at the end of
the fixed deposit period.
(vi) Photo identity card shall be issued to the
claimant and the withdrawal shall be
permitted only after due verification by the
Bank of the identity card of the claimant.
(vii) No cheque book shall be issued to the
claimant without permission of the Court.
(viii) No loan, advance or withdrawal shall be
allowed on the fixed deposit without
permission of the Court.
(ix) The claimant can operated the saving bank
account from the nearest branch of UCO
Bank on the request of the claimant, the
bank shall provide the said facility."
8. The State Bank of India and UCO Bank have formulated
special schemes for the victims of the road accident on the above
terms and, therefore, the order for the deposit should be made
presently to State Bank of India through its nodal officer Mr. H.S.
Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) or to UCO Bank through Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street, New
Delhi (Mobile No. 09310356400) as per the convenience of the
victim/legal representatives of the victim. However, if any other
bank agrees to provide the special scheme for victims of the road
accident on the above terms, the deposit be permitted to be
made in that Bank subject to the convenience of the victim/legal
representative of the victim of the road accident.
9. All the Claims Tribunals are directed to comply with the
aforesaid directions.
10. List on 17th February, 2010.
11. Copy of this order along with the copy of the order dated
17th December, 2009 passed by the Hon‟ble Supreme Court be
sent to the Principal District and Sessions Judge and all the
Claims Tribunals through the Registrar (Appellate) of this Court.
12. Copy of this order be given „Dasti‟ to learned amicus curiae
and nominated counsels for all the Insurance companies.
J.R. MIDHA, J
JANUARY 13, 2010
mk/aj
