Delhi High Court
Oriental Insurance Co. Ltd. vs Baby Rinki & Ors. on 19 March, 2010
Author: J.R. Midha
14
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.365/2009
Date of Decision : 19th March, 2010
%
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through : Mr. R.N. Sharma, Adv.
versus
BABY RINKI & ORS. ..... Respondents
Through : Mr. Pratyush K. Yadav, Adv.
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 appellants has challenged the award of the learned
Tribunal.
2. The accident dated 29th July, 1998 resulted in the death
of Ashok. The deceased was survived by his widow, one
minor daughter and two minor sons who filed the claim
petition before the learned Tribunal.
3. The deceased was aged 32 years at the time of the
accident and was working as a Senior Polisher in
Electroplating Factory earning Rs.3,500/- per month. The
Claims Tribunal added 50% towards the future prospects,
deducted 1/4th towards the personal expenses and directed
the appellant to pay a sum of Rs.2,000/- per month to widow
and Rs.6,600/- per month to each of the three children. The
Claims Tribunal further awarded Rs.60,000/- towards loss of
love and affection and Rs.20,000/- towards the funeral
expenses.
4. The learned counsel for the appellant submits that the
lump-sum compensation be paid according to the principles
laid down by the Hon'ble Supreme Court in the case of Sarla
Verma Vs. Delhi Transport Corporation, 2009 (6) Scale
129. The learned counsel for claimants/respondents No.1 to
4 also agree to the computation of compensation according
to the judgment of the Hon'ble Supreme Court in the case of
Sarla Verma (Supra).
5. The deceased was earning Rs.3,500/- per month at the
time of the accident. There was no proof of permanent
employment and, therefore, the future prospects cannot be
taken into consideration. The deceased was aged 32 years
at the time of the accident and was survived by four legal
representatives. Following the judgment of the Hon'ble
Supreme Court in the case of Sarla Verma (Supra), 1/4th is
deducted towards the personal expenses of the deceased
and the multiplier of 16 is applied to the present case.
6. Taking the income of the deceased as Rs.3,500/- per
month, deducting 1/4th towards the personal expenses and
applying the multiplier of 16, the loss of dependency is
computed to be Rs.5,04,000/- (Rs.3,500 x 3/4 x 16 x 12).
Rs.10,000/- is awarded towards loss of consortium,
Rs.10,000/- is awarded towards loss of estate, Rs.16,000/- is
awarded towards loss of love and affection and Rs.10,000/- is
awarded towards funeral expenses. The total compensation
is computed to be Rs.5,50,000/- (Rs.5,04,000 + Rs.10,000 +
Rs.10,000 + Rs.16,000 + Rs.10,000).
7. The appeal is allowed, the impugned award is modified
and Rs.5,50,000/- along with interest @7.5% per annum is
awarded to the claimants.
8. The learned counsel for the appellant submits that the
interim award amount of Rs.50,000/- has been paid to the
claimants and the said amount be adjusted from the award
amount awarded to claimants/respondents No.1 to 4 by this
Court. The learned counsel for the appellant further submits
that four cheques bearing Nos.190073-190076 for
Rs.2,82,000/-, Rs.83,916/-, Rs.83,916/- and Rs.83,916/- were
deposited with the Claims Tribunal. The said cheques are
dated 7th July, 2009 and have since expired. Vide order dated
1st February, 2010, the Claims Tribunal was directed to send
the said cheques and the same have been received by this
Court. The said cheques shall be returned to the claimants
after satisfaction of this award.
9. The appellant is directed to deposit the entire award
amount along with interest from the date of filing of the
petition till the date of notice under Order XXI Rule 1 of the
Code of Civil Procedure, after adjusting the interim award
amount but without adjusting the statutory amount with UCO
Bank A/c Kamlesh, Delhi High Court Branch through Mr. M.M.
Tandon, Member-Retail Team, UCO Bank Zonal, Parliament
Street, New Delhi (Mobile No. 09310356400) within 30 days.
10. After payment of the entire award amount by the
appellant to claimants/respondents No.1 to 4, the appellant
shall have the right to recover the same from the
owner/insured in terms of the award of the Claims Tribunal.
11. Upon the aforesaid deposit being made, the UCO Bank
is directed to keep a sum of Rs.8,00,000/- in fixed deposit in
the following manner:-
(i) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of one year.
(ii) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of two years.
(iii) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of three years.
(iv) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of four years.
(v) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of five years.
(vi) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of six years.
(vii) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of seven years.
(viii) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of eight years.
(ix) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of nine years.
(x) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of ten years.
(xi) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.1 for a period of two years.
(xii) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.2 for a period of three years.
(xiii) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.3 for a period of four years.
12. The remaining amount be released to respondent No.4
by transferring the same to her Saving Bank Account.
13. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.4.
14. Withdrawal from the aforesaid account shall be
permitted to respondent No.4 after due verification and the
Bank shall issue photo Identity Card to respondent No.4 to
facilitate identity.
15. No cheque book be issued to respondent No.4 without
the permission of this Court.
16. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to respondent No.4 and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiaries at the end of the FDRs.
17. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
18. Half yearly statement of account be filed by the Bank in
this Court.
19. On the request of respondent No.4, the Bank shall
transfer the Savings Account to any other branch according
to her convenience.
20. The claimants/respondents No.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.
21. The proof of deposit of the award amount be placed on
record on the next date of hearing whereupon the cheques
send by the Claims Tribunal shall be retuned back to the
appellant.
22. After satisfaction of this award, the statutory amount of
Rs.25,000/- be returned back to the Claims Tribunal.
23. List for reporting compliance on 28th April, 2010.
24. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
25. 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 19, 2010/mk
