National Insurance Co. Ltd. vs Miss Ramnika & Ors
2013 Latest Caselaw 1896 Del

3
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    MAC.APP.No.807/2006

      %                              Date of decision : 26th April, 2013

      NATIONAL INSURANCE CO. LTD.      ..... Appellant
                   Through Mr. L.K. Tyagi, Adv.

                            versus

      MISS RAMNIKA & ORS.                          ..... Respondents
                   Through                Mr. Yudhister Sharma, Adv.
                                          for R-1.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT(ORAL)

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.79,853.25/- has been awarded to claimant/respondent no.1.

2. The learned counsel for the appellant submits that respondent no.2 was driving the offending vehicle at the time of the accident on 17th October, 2001. It is submitted that the driving licence was issued to the driver on 19th May, 1994 for a period of three years. The licence was renewed after the accident on 26 th March, 2002 for a period up to 25th March, 2005. It is submitted that on the date of the accident, the driving licence of the driver was not valid.

3. Respondent no.1 is present in Court along with her father. She was aged 9 years at the time of the accident. She was sitting

on the cot in front of her house when a Maruti Van bearing No.DAE 4960 hit her resulting in fracture of both bones of right leg. The learned counsel for claimant/respondent no.1 submits that the appellant may be directed to pay the compensation to respondent no.1 in the first instance and the recovery rights be given to the appellant to recover the award amount from respondent nos.2 and 3.

4. In the facts and circumstances of this case, the impugned award is modified to the extent that the appellant shall be liable to pay the award amount to respondent no.1 in the first instance. However, after making the said payment, the appellant shall be entitled to recover the same from respondent nos.2 and 3. The recovery rights are granted to recover the award amount from respondent nos.2 and 3.

5. The appellant is directed to deposit the entire award amount along with up to date interest with UCO Bank, Delhi High Court Branch by means of cheque drawn in the name of UCO Bank A/c Ramnika within a period of six weeks.

6. Upon deposit of the said amount, the appellant is directed to release 10% of the said amount to claimant/respondent no.1 by transferring the same to her Saving Bank Account. The remaining amount be kept in three fixed deposits in the following manner:-

(i) Fixed deposit in respect of 30% for a period of one year.

(ii) Fixed deposit in respect of 30% for a period of two years.

(iii) Fixed deposit in respect of 30% for a period of three years.

7. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the respective Savings Account of the beneficiary.

8. Withdrawal from the aforesaid account shall be permitted to the beneficiary after due verification and the Bank shall issue photo Identity Card to the beneficiary to facilitate identity.

9. No cheque book be issued to the beneficiary without the permission of this Court.

10. The original fixed deposit receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the beneficiary along with the photocopy of the FDRs. Upon the expiry of the period of each FDR, the Bank shall automatically credit the maturity amount in the Savings Account of the beneficiary.

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 the beneficiary, Bank shall transfer the Savings Account to any other branch according to their convenience.

14. The beneficiary shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to AGM, UCO Bank, Delhi High Court Branch, New Delhi.

15. The statutory amount deposited by the appellant be refunded back to the appellant through counsel after deposit of the award amount.

16. The appeal is disposed of in the above terms.

17. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.

18. Copy of this judgment be sent to AGM, UCO Bank, Delhi High Court Branch, New Delhi.

J.R. MIDHA, J APRIL 26, 2013 aj