Delhi High Court
The Oriental Insurance Co.Ltd. vs Kulwant Kaur & Ors. on 4 March, 2010
Author: J.R. Midha
26
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.67/2005
Date of Decision: 4th March, 2010
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THE ORIENTAL INSURANCE CO.LTD. ..... Appellant
Through : Ms. Manjusha Wadhwa, Adv.
along with Mr. Anil Nagpal,
Administrative Officer, OIC,
D.O.-23, New Delhi.
versus
KULWANT KAUR & ORS. ..... Respondents
Through : Mr. Sanjay Bhardwaj, Adv.
along with R-1 to 3.
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.4,55,000/- has been
awarded to claimants/respondents No.1 to 4. The appellant
is seeking reduction of the award amount.
2. The accident dated 31st May, 1994 resulted in the death
of Balbir Singh. The deceased was survived by his widow,
one son, one daughter and mother who filed the claim
petition before the Claims Tribunal.
3. The deceased was 34 years old at the time of the
accident and was holding a Diploma in Mechanics from ITI,
Delhi. The deceased was working as a mechanist in BECO
Engineering Company (a division of Mukand Ltd., Balabgarh)
at a monthly salary of Rs.3,300/- per month. However, the
learned Tribunal disregarded the said income and took the
minimum wages of Rs.2,150/-, added 50% towards increase
in minimum wages due to inflation and rise in priced index,
deducted 1/3rd towards personal expenses of the deceased
and applied the multiplier of 17 to compute the loss of
dependency at Rs.4,38,600/-. Rs.10,000/- has been awarded
towards loss of consortium, loss of love and affection and
loss of estate and Rs.6,000/- has been awarded towards
funeral expenses. The compensation awarded is
Rs.4,55,000/-.
4. The only ground urged by the learned counsel for the
appellant at the time of hearing of this appeal is that the
claim petition should not have been converted from Section
166 of the Motor Vehicles Act to Section 163A of the Motor
Vehicles Act, 1988. In the alternative, it is submitted that
increase in minimum wages due to inflation and rise in price
index should not have been taken into consideration.
5. The learned counsel for claimants/respondents No.1
to 4, in reply, submit that the deceased was earning
Rs.3,300/- per month which was proved by the statement of
witnesses on record and the income of the deceased should
have been taken as Rs.3,300/- per month. The learned
counsel further points out that the appropriate deduction
towards personal expenses of the deceased in this case is
1/4th according to the judgment of the Hon'ble Supreme
Court in the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129 whereas the learned
Tribunal has deducted 1/3rd towards the personal expenses
of the deceased. It is also pointed out that the amount
awarded by the Claims Tribunal towards loss of consortium,
loss of love and affection and loss of estate is on a lower
side.
6. The learned counsel for the appellant, in rejoinder,
submits that the multiplier is liable to be reduced from 17 to
16 in terms of the judgment of the Hon'ble Supreme Court in
the case of Sarla Verma (Supra).
7. Taking the income of the deceased as Rs.3,300/- per
month, deducting 1/4th towards the personal expenses and
applying the multiplier of 16, the loss of dependency is
computed to be Rs.4,75,200 (Rs.3,300 x 3/4 x 12 x 16).
Adding Rs.10,000/- towards loss of consortium, Rs.10,000/-
towards loss of love and affection, Rs.10,000/- towards loss
of estate and Rs.6,000/- towards funeral expenses, the total
compensation is computed to be Rs.5,11,200/- (Rs.4,75,200
+ Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.6,000). The
award, therefore, warrants enhancement. However, since the
claimants have not filed the cross-objections, no further
order is required to be passed in this regard.
8. There is no infirmity in the award of the learned
Tribunal, which is upheld.
9. The appellant has deposited a sum of Rs.3,07,023/-
with the learned Tribunal which has been released to the
claimants in terms of the order dated 6th April, 2005 of this
Court. The balance amount of Rs.5,65,218/- has been
deposited with the UCO Bank on 3rd March, 2010 in terms of
the order dated 2nd December, 2009.
10. The learned counsel for claimants/respondents No.1 to
4 submit that respondent No.4 has expired and her rights
have devolved upon respondents No.1 to 3 who are already
on record. Respondent No.4 is substituted with respondents
No.1 to 3.
11. UCO Bank is directed to release a sum of Rs.25,218/- to
respondent No.1, Rs.20,000/- to respondent No.2 and
Rs.20,000/- to respondent No.3 by transferring the said
amount to their respective Saving Bank Account.
12. The remaining amount of Rs.5,00,000/- be kept in fixed
deposit in the following manner:-
(i) Fixed deposit for Rs.50,000/- in the name of
respondent No.3 for a period of six months.
(ii) Fixed deposit for Rs.50,000/- in the name of
respondent No.2 for a period of one year.
(iii) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of one and a half
years.
(iv) Fixed deposit for Rs.50,000/- in the name of
respondent No.3 for a period of two years.
(v) Fixed deposit for Rs.50,000/- in the name of
respondent No.2 for a period of two and a half
years.
(vi) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of three years.
(vii) Fixed deposit for Rs.50,000/- in the name of
respondent No.3 for a period of three and a half
years.
(viii) Fixed deposit for Rs.50,000/- in the name of
respondent No.2 for a period of four years.
(ix) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of four and a half
years.
(x) Fixed deposit for Rs.50,000/- in the name of
respondent No.1 for a period of five years.
13. The expired cheques lying with the Claims Tribunal be
released to the appellant within four weeks.
14. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the respective
Savings Account of respondents No.1 to 3.
15. Withdrawal from the aforesaid account shall be
permitted to respondents No.1 to 3 after due verification and
the Bank shall issue photo Identity Card to respondents No.1
to 3 to facilitate identity.
16. No cheque book be issued to respondents No.1 to 3
without the permission of this Court.
17. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to the appellants and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiary at the end of the FDR.
18. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts 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 respondents No.1 to 3, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of respondents No.1 to 3.
21. Respondents No.1 to 3 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. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
23. 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
MARCH 04, 2010
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