Delhi High Court
The Management Of M/S Dtc vs Thakur Prasad Tiwari & Ors. on 17 March, 2010
Author: J.R. Midha
9
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.453/2009
Date of Decision: 17th March, 2010
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THE MANAGEMENT OF M/S DTC ..... Appellant
Through Ms. Arati Mahajan Shedha,
Adv.
versus
THAKUR PRASAD TIWARI & ORS. ..... Respondents
Through Mr. Sushil Kumar, Adv. for
R-1 to 3.
Mr. Salekh Chand Yadav, Adv. for R-4.
Ms. Hetu Arora and Ms. Amrita Sharma,
Adv. for R-5.
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.6,85,843.60 has been
awarded to the claimants/respondents No.1 to 4.
2. The accident dated 29th August, 2005 resulted in the
death of Inder Mani. The deceased was survived by his
widow, minor daughter and parents who filed the claim
petition before the learned Tribunal.
3. The deceased was hit by DTC Bus No.DL-1PB-0952
which was being towed by recovery van No.DL-1GB-5611.
The DTC Bus bearing No.DL-1PB-0952 was insured with
National Insurance Company Limited whereas the recovery
van No.DL-1GB-5611 was not insured. Criminal case under
Sections 279/304-A of Indian Penal Code was registered
against the driver of the DTC bus as well as the recovery van.
The accident was proved by the eye witness PW-2. The
Claims Tribunal held that the drivers of DTC bus as well as
recovery van were negligent and their liability was held to be
50% each. The National Insurance Company Ltd. has
deposited 50% of the award amount with the Claims Tribunal
and the same has been released to the claimants.
4. The finding of the Claims Tribunal with respect to the
50% liability of DTC and 50% of National Insurance Company
is based on the evidence on record and is upheld.
5. The appeal is dismissed.
6. The appellant has deposited a sum of Rs.3,89,153/-
with the Registrar General in terms of the order dated 18 th
September, 2009. The statutory amount of Rs.25,000/- also
forms part of the award. As such, there is a sum of
Rs.4,14,153/- with the Registrar. The Registrar General is
directed to release a sum of Rs.64,153/- to respondent Nos.2
and 4 in equal shares. The remaining amount of
Rs.3,50,000/- be kept in fixed deposit in the following
manner:-
(i) Fixed deposit for Rs.25,000/- in the name of
respondent No.4 for a period of 6 months.
(ii) Fixed deposit for Rs.25,000/- in the name of
respondent No.4 for a period of one year.
(iii) Fixed deposit for Rs.25,000/- in the name of
respondent No.4 for a period of one and a half
years.
(iv) Fixed deposit for Rs.25,000/- in the name of
respondent No.4 for a period of two years.
(v) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of six months.
(vi) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of one year.
(vii) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of one and a half
years.
(viii) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of two years.
(ix) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of two and a half
years.
(x) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of three years.
(xi) Fixed deposit for Rs.1,00,000/- in the name of
respondent No 3, till she attains the age of 18
years.
7. The interest on the fixed deposit of respondent No.4
shall be paid to respondent No.4 monthly by automatic credit
of interest to her Saving Bank Account at Faizabad. The
interest on the fixed deposits of respondent Nos. 1, 2 and 3
shall be paid to respondent No.1 monthly by automatic credit
of interest to his Savings Bank Account at Distt. Gonda, U.P.
8. Withdrawal from the aforesaid account shall be
permitted to respondent No.1 and respondent No.4 after due
verification and the Bank shall issue photo Identity Card to
respondent No.1 and respondent No.4 to facilitate their
identity.
9. No cheque book be issued to respondent No.1 and
respondent No.4 without the permission of this Court.
10. 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.
11. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
12. Half yearly statement of account be filed by the Bank in
this Court.
13. On the request of respondent No.1 and respondent
No.4, the Bank shall transfer the Savings Account to any
other branch according to the convenience of them with
respect to their fixed deposits.
14. The respondent Nos.1 to 4 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.
15. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
16. 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 17, 2010
HL
