Delhi High Court
M/S The United India Insurance Co ... vs Rubina & Ors on 2 August, 2016
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 02nd August, 2016
+ MAC.APP. 442/2015 and C.M. Appl. 9693/2015
M/S THE UNITED INDIA INSURANCE CO LTD..... Appellant
Through: Mr. Navdeep Singh and Mr. D.D.
Singh, Advocates
versus
RUBINA & ORS ..... Respondents
Through: Mr. S.N. Parashar, Advocates for
respondent Nos.1 to 4
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award dated 10 th February, 2015,
whereby compensation of Rs.10,68,774/- has been awarded to the
claimants/respondents No.1 to 4.
2. On 18th February, 2008 at about 08:45 p.m., the deceased Jabir was
travelling in a TSR Vikram bearing No.DL-1W-0050 while going from
Bhajanpura to Shastri Park. The TSR turned turtle on its left side near
Power House on the Pusta Road, resulting in grievous injuries to Jabir who
expired on 21st February, 2008. The police registered FIR No.44/2008
under Section 279/304A IPC against the driver of the TSR.
3. The deceased was aged 26 years at the time of the accident and was
working as a mechanic/mistri. The deceased was survived by his widow,
two minor children and father, who filed claim petition before the Claims
Tribunal.
4. The Claims Tribunal took the minimum wages of Rs.3633/- as on the
date of the accident, added 50% towards future prospects, deducted 1/4 th
towards personal expenses of the deceased and applied the multiplier of 17
to compute the loss of dependency of Rs.8,33,774/-. The Claims Tribunal
awarded Rs.1 lakh towards loss of consortium, Rs.1 lakh towards loss of
love and affection, Rs.10,000/- towards loss of estate and Rs.25,000/-
towards funeral expenses. The total compensation awarded was
Rs.10,68,774/-.
5. Learned counsel for the appellant has urged at the time of hearing of
this appeal that the deceased was contributory negligent and, therefore, the
compensation be reduced on that account and the future prospects should not
be taken into consideration.
6. The Claims Tribunal has held the driver of the TSR to be rash and
negligent. The Claims Tribunal has further noted that driver of the TSR was
not holding a valid driving licence at the time of the accident and, therefore,
the Claims Tribunal has granted recovery rights to the appellant. There is no
infirmity in the finding of the Claims Tribunal with respect to the rash and
negligence of the driver of the TSR. This Court also does not find any
infirmity in addition of 50% in the minimum wages at the relevant time to
compute the loss of dependency.
7. For the reasons aforesaid, the appeal as well as C.M. Appl. 9693/2015
are dismissed.
8. The appellant has deposited the entire award amount along with
interest with UCO Bank, Delhi High Court Branch in terms of order dated
22nd May, 2015 out of which Rs.2,50,000/- has been released to the
claimants/respondents No.1 to 4.
9. The appropriate order for disbursement of the balance amount shall be
passed after hearing the claimants/respondents who are directed to remain
present in Court on the next date of hearing.
10. List for directions on 04th August, 2016.
11. The Accounts Officer of this Court shall verify whether the appellant
has deposited complete interest at the time of depositing the award amount
in terms of award dated 10th February, 2015.
12. The order regarding refund of the statutory amount shall also be
passed on the next date of hearing.
13. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
J.R. MIDHA, J.
AUGUST 02, 2016
rsk
