Delhi High Court
The New India Assurance Co. Ltd vs Dilip @ Dilip Pandey & Ors on 3 August, 2016
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03rd August, 2016
+ MAC.APP. 451/2015 & CM No.9850/2015
THE NEW INDIA ASSURANCE CO. LTD ..... Appellant
Through: Mr. Anshum Jain, Mr. Shiv Bhalla
and Mr. Amol Sinha, Advovates
versus
DILIP @ DILIP PANDEY & ORS ..... Respondents
Through: Mr. S.N. Parashar, Advocate for
respondent No.1
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award dated 17th March, 2015
whereby compensation of Rs.6,71,464/- has been awarded to respondent
No.1.
2. On 23rd December, 2013, the appellant was crossing the road opposite
PNB, Shastri Nagar when he was hit by bus bearing No. DL-1P-C-4718
which resulted in grievous head injuries to respondent No.1. Respondent
No.1 was admitted in Dr. Ram Manohar Lohia Hospital. Respondent No.1
lost complete vision of his right eye. As per the disability certificate issued,
the disability of respondent No.1 is 30% with respect to the right eye.
3. The Claims Tribunal awarded Rs.4,968/- towards expenses on
medical treatment, Rs.50,000/- towards conveyance and special diet,
Rs.48,516/- towards loss of income during the treatment. The Claims
Tribunal further awarded Rs.75,000/- towards pain and sufferings and
Rs.50,000/- towards marriage prospects. The Claims Tribunal awarded
Rs.3,92,980/- towards loss of earning capacity by taking the income of the
respondent No.1 as Rs.8,086/-, adding 50% towards future prospects,
applying the multiplier of 18 and taking the functional disability of total
body as 15%. The Claims Tribunal has awarded total compensation of
Rs.6,71,464/-.
4. Learned counsel for the appellant has urged at the time of hearing that
the future prospects should not be taken into consideration as there was no
proof of income. Respondent No.1 was in private service at the time of
accident. Since there was no documentary proof of income, the Claims
Tribunal took the minimum wages for unskilled persons at the time of
accident and added 50% towards future prospects. However, even if the
future prospects are not taken into consideration, respondent No.1 would
still be entitled to compensation of Rs.6,71,464/- considering that no
compensation has been awarded to respondent No.1 towards disfiguration
and loss of amenities of life. That apart, the compensation of Rs.50,000/-
awarded towards loss of matrimonial prospects is on a lower side. As such,
amount of Rs.6,71,464/- awarded by the Claims Tribunal is just, fair and
reasonable.
5. Respondent No.1 present in Court along with counsel does not claim
enhancement of compensation and his statement is taken on record.
6. There is no merit in the appeal which is hereby dismissed.
7. The appellant has deposited 80% of the award amount with UCO
Bank, Delhi High Court Branch in terms of order dated 25th May, 2015 out
of which Rs.1,00,000/- has been released to respondent no.1. UCO Bank,
Delhi High Court Branch is directed to release 10% of the amount to
respondent No.1 by transferring the said amount to his saving bank account.
The balance amount be kept in five fixed deposit of equal amount i.e. 1/5th
of the balance award amount in five fixed deposits for one, two years, three
years, four years and five years respectively.
8. The appellant is directed to deposit balance award amount along with
interest with UCO Bank, Delhi High Court Branch by means of a cheque
drawn in the name of UCO Bank A/c Dilip @ Dilip Pandey within a period
of four weeks from today. The balance award amount upon being deposited
shall be kept in fixed deposit in the name of respondent No.1 for a period of
six years.
9. All the original FDRs shall be retained by UCO Bank, Delhi High
Court Branch. However, the photocopies of the same shall be provided to
the appellant as well as to respondent No. 1.
10. Monthly interest on all the fixed deposit shall be credited to the
savings account of respondents No.1.
11. No loan or advance on pre-mature discharge shall be permitted
without the permission of this Court.
12. UCO Bank, Delhi High Court Branch shall ensure that the savings
account of the respondent No.1 is an individual account and not a joint
account.
13. Respondent no.1 shall approach the UCO Bank, Delhi High Court
Branch for completing the formalities for the disbursement of the award
amount in terms of this order.
14. The appellant shall file the affidavit along with the proof of deposit of
the balance award amount with the Registrar General of this Court within a
period of one week of the deposit. The affidavit shall contain the
computation of the interest on the award amount upto the date of deposit.
The appellant shall send the copy of the affidavit to the respondent.
15. The Accounts Officer of this Court shall verify the computation of
interest in respect of the amount deposited in terms of the order dated 25th
May, 2015 as well as amount directed to be deposited by this judgment.
Upon deposit of the entire award amount along with interest, the registry
shall refund the statutory amount to the appellant. However, in the event of
any short deposit, the same shall be deducted from the statutory deposit of
the appellant and be sent to UCO Bank A/c Dilip @ Dilip Pandey and the
balance statutory amount shall be refunded back to the appellant.
16. The pending applications are disposed of.
17. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
18. Copy of this judgment be sent to UCO Bank, Delhi High Court
Branch.
J.R. MIDHA, J.
AUGUST 03, 2016
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