Oriental Insurance Co. Ltd. vs Meera & Ors
2016 Latest Caselaw 5141 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI


%                                      Date of Decision: 04th August, 2016

+     MAC.APP. 495/2016 & CM 24059/2016

      ORIENTAL INSURANCE CO. LTD.            ..... Appellant
                   Through: Mr.L.K. Tyagi, Advocate

                   Versus

      MEERA & ORS                                       ..... Respondents
                         Through:      Mr.Bipin Kumar Jha, Mr.Ghanshyam
                                       Thakur, Advocates for R-1 to R-4

      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                         JUDGMENT (ORAL)

1. The appellant has challenged the award dated 4th May, 2016 whereby compensation of Rs.18,73,095/- has been awarded to claimants/respondents no.1 to 4.

2. On 4th December, 2012, Tara Chand was hit by Wagon R bearing No.HR-26Y-5311 which resulted in grievous injuries. Tara Chand succumbed to his injuries on 20th December, 2012. The deceased was survived by his widow and three unmarried children who filed the claim petition before the Claims Tribunal.

3. The deceased was aged 47 years at the time of accident and was working as a driver. His driving licence was proved as Ex.PW-1/8. The Claims Tribunal took minimum wages of Rs.7,254/-, added 30% towards future prospects, deducted 1/4th towards his personal expenses and applied the multiplier of 13 to compute the loss of dependency of Rs.11,03,334/-.

The Claims Tribunal awarded Rs.25,000/- towards funeral expenses, Rs.10,000/- towards loss of estate, Rs.1,00,000/- towards loss of consortium and Rs.1,00,000/- towards care and protection of minor child. The Claims Tribunal further awarded Rs.5,34,761/- towards medical expenditure on the treatment. Total compensation awarded is Rs.18,73,095/-.

4. The only ground urged by learned counsel for the appellant at the time of hearing is that the future prospects of 30% should not have been taken into consideration.

5. This Court is of the view that since the occupation of the deceased was duly proved as a professional driver, fair presumption can be drawn with respect to his income instead of applying the minimum wages. Reference in this regard may be made to the judgment of the Supreme Court in Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 100 in which 59 persons died in Uphaar tragedy and the Supreme Court granted compensation of Rs.10,00,000/- to the victims of above 20 years of age and Rs.7,50,000/- to the victims below 20 years of age on the basis of multiplier method. The Supreme Court applied the multiplier of 15 and deducted 1/3rd towards the personal expenses. The income of the victims aged more than 20 years was assumed to be Rs.8,333/- per month and that of victims aged less than 20 years was assumed to be Rs.6,249/- per month. The computation of the compensation awarded by the Supreme Court would be as under :-

For victims aged more than 20 years:- (Rs.8,333/- less 1/3rd)x 12 x 15 = Rs.10 lakhs. For victims aged less than 20 years:- (Rs.6249/- less 1/3rd) x 15 = Rs.7.5 lakhs.

6. It is relevant to note that the Uphaar tragedy took place on 13th June, 1997 and the minimum wages at the relevant time ranged from Rs.1677/- for

unskilled workers to Rs.2437/- for graduates. Although there was no proof of the income of the victims, the Supreme Court did not find it proper to apply the minimum wages.

7. This Court has applied the principles laid down in Uphaar tragedy case to compute the compensation in United India Insurance Co. V. Kanwar Lal, 2012 SCC Online Del 2411, New India Assurance Co. Ltd. v. Bal Kishan Pawar, 2012 SCC Online Del 3201, National Insurance Co. Ltd. v. Chander Dutt, 2012 SCC Online Del 2412, National Insurance Co. Ltd. v. Sewa Ram, 2012 SCC Online Del 2413 and National Insurance Co. Ltd. v. Komal, 2014 ACJ 1540, National Insurance Co. Ltd. v. Gaje Singh, 2012 ACJ 2346 and National Insurance Co. Ltd. v. Bhateri, 2012 SCC Online Del 2409.

8. Applying the principles laid down in Uphaar tragedy case, the income of the deceased is presumed to be Rs.9,430.20. Taking the income of the deceased as Rs.9,430.20 and considering the other factors as taken by the Claims Tribunal, the compensation of Rs.18,73,095/- awarded by the Claims Tribunal is upheld.

9. There is no merit in the appeal which is hereby dismissed. Applying Section 167 of the Evidence Act, the award of the learned Tribunal is upheld though not for the reasons mentioned therein but for the reasons stated above.

10. The appellant has deposited a sum of Rs.23,73,320/- with UCO Bank, Delhi High Court Branch in terms of order dated 11th July, 2016.

11. Respondent no.1 is present in Court along with respondents no.2 and 3 and she submits that she has taken loan from her relatives for incurring expenditure on her husband's treatment.

12. UCO Bank, Delhi High Court Branch is directed to keep a sum of Rs.20,00,000/- in fixed deposit in the following manner:

 Sr.   Duration      Resp.1              Resp.2        Resp.3             Resp.4
No.    of FDR       (Wife)           (Daughter)    (Daughter)          (Minor Son)
                 FDR amount          FDR amount    FDR amount         FDR amount
                     (Rs.)               (Rs.)         (Rs.)              (Rs.)
 1.    1 yr       1,00,000/-           80,000/-      80,000/-    4,00,000/-    till he
                                                                 attains the age of
 2.    2 yrs       1,00,000/-         80,000/-      80,000/-     majority.

 3.    3 yrs       1,00,000/          80,000/-      80,000/-
                                                                 On maturity FDR for
 4.    4 yrs       1,00,000/          80,000/-      80,000/-     Rs.4,00,000/- shall be
 5.                1,00,000/          80,000/-      80,000/-     renewed by issuing 5
       5 yrs                                                     FDRs of Rs.80,000/-
 6.    6 yrs       1,00,000/              -             -        each for a period of 1
                                                                 year, 2 years, 3 years,
 7.    7 yrs       1,00,000/              -             -        4 years, 5 years.
 8.    8 yrs       1,00,000/              -             -

       Total       8,00,000/-         4,00,000/-    4,00,000/-         4,00,000/-

                                GRAND TOTAL                            20,00,000/-

13. The balance amount after issuing FDRs for Rs.20 lakh be released to respondent No.1 by transferring the same to her savings bank account.

14. Monthly interest on the FDRs of respondents no.1, 2 & 3 shall be credited in their respective individual savings bank accounts. However, interests on FDRs of the respondent No.4/minor shall be credited in the savings bank account of respondent No.1/mother.

15. At the time of maturity, the fixed deposit amount shall be automatically credited in the savings bank account of the beneficiaries.

16. All the original FDRs shall be retained by UCO, Delhi High Court Branch. However, the photocopies of the same shall be provided to the claimants/respondents.

17. No cheque book be issued to the claimants/ respondents without the permission of this Court.

18. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

19. UCO Bank, Delhi High Court Branch shall ensure that the savings

accounts of the respondents are individual accounts and not joint accounts.

20. The registry shall refund the statutory amount to the appellant after satisfying that the Rs.23,73,320/- deposited by the appellant includes interest upto the date of the deposit. In the event of any short deposit, the same be deducted from the statutory deposit and be paid to respondent no.1 through UCO Bank.

21. CM 24059/2016 is disposed of.

22. Copy of this judgment be given dasti to learned counsel for the appellant under signature of Court Master.

23. Copy of this judgment be also sent to UCO Bank, Delhi High Court Branch.

J.R. MIDHA, J.

AUGUST 04, 2016 dk