Delhi High Court
New India Assurance Co. Ltd vs Sangeeta Devi & Ors. on 13 September, 2013
Author: J.R. Midha
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.1041/2006
% Date of decision : 13th September, 2013
NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through Mr. Ramesh Kumar, Adv.
versus
SANGEETA DEVI & ORS. ..... Respondents
Through Mr. Shivnath Kumar and
Mr. Roshan Kumar, Advs.
for respondent nos.1 to 3.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT(ORAL)
1. The appellant has challenged the award passed by the
learned Motor Accident Claims Tribunal whereby the
compensation of Rs.6 lacs along with interest @ 8% per annum has
been awarded to the claimants/respondents no.1 to 3.
2. The accident dated 10th June, 2002 resulted in death of Shiv
Shankar aged 22 years. The deceased was survived by his widow
and parents who filed the claim petition before the Claims
Tribunal.
3. The appellant contested the claim petition on various
grounds inter alia that the driver of the offending vehicle was not
holding a valid driving licence at the time of the accident. The
Claims Tribunal observed that the appellant has not led any
evidence to prove the above point and therefore the award was
passed against the appellant.
4. Learned counsel for the appellant submits that the appellant
summoned the record of the Licensing Authority, Mathura and
examined RW-1/3 who produced the record and proved that
driving licence No.6649/MTR/96 was issued in the name of
Jitender Kumar in respect of motor cycle and motor car. The
extracts of the record are exhibited as Ex.RW-1/A. Learned
counsel submits that the driver, Pawan Kumar was not holding a
valid driving licence at the time of the accident. Learned counsel
seeks recovery rights against the driver and owner who are
respondents no.4 and 5 in this petition.
5. Respondents no.1 to 3 are present in Court along with their
counsel and they have no objection to the recovery rights being
granted to the petitioner.
6. Learned counsel for the appellant submits that the appellant
has deposited the entire award amount along with interest totaling
Rs.10,28,596/- with UCO Bank, Delhi High Court Branch on 30th
August, 2013 in terms of order dated 12th April, 2013. Vide order
dated 12th April, 2013, UCO Bank was directed to keep the said
amount in fixed deposit till the order of disbursement.
7. The appeal is allowed and the impugned award is modified
to the extent that the appellant shall be entitled to the recovery
rights against respondents no.4 and 5.
8. The share of respondents no.1 to 3 in the award amount shall
be equal i.e. 1/3rd each.
9. Respondent no.1 present in Court is a permanent resident of
Tilsma, District Azamgarh, UP. She has no bank account at
present. Let her open a bank account at the place of her residence.
Respondents no.2 and 3 have a joint saving bank account no.6318,
at Allahabad Bank, Azamgarh, UP.
10. UCO Bank is directed to release 10% of the share of
respondents no.1 to her by transferring the same to her Saving
Bank Account to be opened by her near her permanent residence.
The remaining 90% share of respondent no.1 be kept in fixed
deposit in her name in the following manner:
(i) Fixed deposit in respect of 10% for a period of 1 year.
(ii) Fixed deposit in respect of 10% for a period of 1½
year.
(iii) Fixed deposit in respect of 10% for a period of 2
years.
(iv) Fixed deposit in respect of 10% for a period of 2½
years.
(v) Fixed deposit in respect of 10% for a period of 3
years.
(vi) Fixed deposit in respect of 10% for a period of 3½
years.
(vii) Fixed deposit in respect of 10% for a period of 4
years.
(viii) Fixed deposit in respect of 10% for a period of 4½
years.
(ix) Fixed deposit in respect of 10% for a period of 5
years.
11. With respect to 1/3rd share of respondents no.2 and 3, UCO
Bank shall release 10% to respondent no.2 by transferring the same
to their joint saving bank account no. 6318, Allahabad Bank,
Azamgarh, U.P. and the balance 90% share be kept in 9 fixed
deposits in their joint names in the following manner:
(i) Fixed deposit in respect of 10% for a period of 1 year.
(ii) Fixed deposit in respect of 10% for a period of 1½
year.
(iii) Fixed deposit in respect of 10% for a period of 2
years.
(iv) Fixed deposit in respect of 10% for a period of 2½
years.
(v) Fixed deposit in respect of 10% for a period of 3
years.
(vi) Fixed deposit in respect of 10% for a period of 3½
years.
(vii) Fixed deposit in respect of 10% for a period of 4
years.
(viii) Fixed deposit in respect of 10% for a period of 4½
years.
(ix) Fixed deposit in respect of 10% for a period of 5
years.
12. With respect to the amount directed to be kept in fixed
deposit, UCO Bank shall automatically credit interest in their
respective savings accounts of the beneficiaries every month.
13. 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 beneficiaries along with the photocopy of the FDRs.
Upon the maturity of the period of each FDR, the UCO Bank shall
automatically credit the maturity amount to their respective
Savings Accounts and the beneficiaries shall not be called upon to
visit Delhi at that time.
14. No loan, advance or withdrawal shall be allowed on the said
fixed deposit receipts without the permission of this Court.
15. Half yearly statement of account be filed by the Bank in this
Court.
16. The statutory amount deposited by the appellant be refunded
back to the appellant through counsel.
17. The appeal is disposed of in the above terms.
18. Copy of this judgment be given dasti to counsel for the
parties under the signature of the Court Master.
19. Copy of this judgment be sent to AGM, UCO Bank, Delhi
High Court Branch, New Delhi.
J.R. MIDHA, J
SEPTEMBER 13, 2013/dk
