Delhi High Court
National Insurance Co Ltd vs Veer Pal Pawar & Ors on 22 March, 2010
Author: J.R. Midha
6
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.632/2009
Date of Decision: 22nd March, 2010
%
NATIONAL INSURANCE CO LTD ..... Appellant
Through Ms. Rajdipa Behura with
Mr. Jeet Pathak, Adv.
versus
VEER PAL PAWAR & ORS ..... Respondents
Through Mr. R.K. Bachchan, Adv.
for R-1 and R-2.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.12,36,000/-
has been awarded to claimants/respondents No.1 and 2.
2. The accident dated 27th November, 2006 resulted in the
death of Master Sachin Pawar. The deceased was survived
by his parents who filed the claim petition before the learned
Tribunal. The deceased was aged 16 years at the time of the
accident and was a student of 11th standard. The deceased
had a brilliant academic record and the learned Tribunal
assumed that the deceased would have become a
professional and have earned Rs.50,000/- to Rs.60,000/- per
month. The learned Tribunal took the income of the
deceased as Rs.45,000/- per month, deducted 50% towards
the personal expenses and applied the multiplier of 15
according to the age of the parents to compute the loss of
dependency at Rs.40,50,000/-. Rs.10,000/- has been
awarded towards loss of estate, Rs.10,000/- towards funeral
expenses and Rs.50,000/- towards loss of love and affection.
The total compensation has been computed at
Rs.41,20,000/-. The learned Tribunal has held the deceased
to be contributory negligent to the tune of 70% and,
therefore, the aforesaid compensation has been reduced by
70% and Rs.12,36,000/- has been awarded by the learned
Tribunal.
3. The appellant has challenged the impugned award on
the various grounds inter-alia that the amount awarded by
the Claims Tribunal is on a higher side. The appellant has
also challenged the impugned award on the ground that the
claimants claimed a sum of Rs.10,00,000/- before the Claims
Tribunal but the Claims Tribunal awarded higher amount
than the amount claimed.
4. The claimant/respondents No.1 and 2 had filed the
appeal bearing MAC.APP.No.571/2009, which was disposed of
on 25th November, 2009 after hearing the counsel for the
appellant. This Court upheld the compensation of
Rs.12,36,000/- awarded by the Claims Tribunal for the
reasons given in the judgment dated 25th November, 2009
but not for the reasons mentioned in the award.
5. For the reasons given in judgment dated 25 th
November, 2009, the compensation of Rs.12,36,000/-
awarded to the claimants/respondents No.1 and 2, is upheld.
6. With respect to the contention of the learned counsel
for the appellant that the amount awarded by the Claims
Tribunal is higher than the amount claimant, there is a direct
judgment of the Hon'ble Supreme Court in the case of
Nagappa vs. Gurudayal Singh, AIR 2003 SC 674
wherein it has been held that under Section 168 of the Motor
Vehicles Act, the Claims Tribunal has to award the just
compensation which can be more than the amount claimed.
7. The appeal is dismissed.
8. The appellant has deposited a sum of Rs.14,25,364/- in
terms of order dated 23rd December, 2009. UCO Bank is
directed to release 10% of the said amount to
claimants/respondents No.1 and 2 by transferring the same
to their joint Savings Bank Account. The remaining amount
be kept in fixed deposits in the joint names of
claimants/respondents No.1 and 2 in the following manner:-
(i) Fixed deposit in respect of 10% of the award
amount for a period of one year.
(ii) Fixed deposit in respect of 10% of the award
amount for a period of two years.
(iii) Fixed deposit in respect of 10% of the award
amount for a period of three years.
(iv) Fixed deposit in respect of 10% of the award
amount for a period of four years.
(v) Fixed deposit in respect of 10% of the award
amount for a period of five years.
(vi) Fixed deposit in respect of 10% of the award
amount for a period of six years.
(vii) Fixed deposit in respect of 10% of the award
amount for a period of seven years.
(viii) Fixed deposit in respect of 10% of the award
amount for a period of eight years.
(ix) Fixed deposit in respect of 10% of the award
amount for a period of nine years.
9. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Joint
Savings Account of respondent Nos.1 and 2.
10. Withdrawal from the aforesaid account shall be
permitted to respondent Nos.1 and 2 after due verification
and the Bank shall issue photo Identity Card to respondent
Nos.1 and 2 to facilitate identity.
11. No cheque book be issued to respondent Nos.1 and 2
without the permission of this Court.
12. 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.
13. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
14. Half yearly statement of account be filed by the Bank in
this Court.
15. On the request of respondent Nos.1 and 2, the Bank
shall transfer the Savings Account to any other branch
according to the convenience of respondent Nos.1 and 2.
16. The respondent Nos.1 and 2 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.
17. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
18. 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.
19. The statutory amount of Rs.25,000/- deposited by the
appellant along with the appeal be refunded back to the
appellant through Counsel within four weeks.
J.R. MIDHA, J
MARCH 22, 2010
HL
