Delhi High Court
Iffco Tokio General Insurance Co ... vs Ramesh & Ors on 30 August, 2016
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30th August, 2016
+ MAC.APP. 498/2016
IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Soni, Advocate
versus
RAMESH & ORS ..... Respondents
Through: Ms. Rajkumari, Advocate
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award dated 26th April, 2016
whereby compensation of Rs.7,36,000/- has been awarded to respondent
No.1.
2. The accident dated 28th March, 2012 resulted in grievous injuries to
respondent No.1. The respondent No.1 suffered head injuries and fracture
on right leg ankle for which he was admitted to Safdarjung Hospital till 30th
March, 2012. Respondent No.1 remained under treatment for about six
months and suffered 40% disability in relation to right lower limb. The
Claims Tribunal awarded Rs.39,552/- towards medical expenses,
Rs.20,000/- towards special diet, Rs.10,000/- towards conveyance,
Rs.25,000/- towards attendant charges. The Claims Tribunal awarded
Rs.1,00,000/- towards pain and sufferings and Rs.1,00,000/- towards loss of
amenities. The Claims Tribunal further awarded Rs.44,148/- towards loss of
income for six months and Rs.3,97,332/- towards future loss of income.
3. Learned counsel for the appellant urged that at the time of hearing the
Claims Tribunal has taken minimum wages relating to a non-matriculate
whereas the minimum wages of a skilled worker ought to have been taken.
Respondent No.1 was 8th pass and was running a shop of domestic items
and, therefore, the Claims Tribunal has rightly taken a minimum wages in
respect of a non-matriculate person.
4. Learned counsel for the appellant submits that the Claims Tribunal
has taken the functional disability as 30% which is on a higher side.
Respondent No.1 has suffered 40% disability with respect to right lower
limb. Respondent No.1 is present in Court and considering his condition,
the functional disability of 30% taken by the Claims Tribunal is upheld.
5. Learned counsel for the appellant submits that respondent No.1 is not
entitled to interest for the period 19th December, 2013 to 14th August, 2015
when the proceedings remained adjourned sine die on account of the
inability of respondent No.1 to obtain the disability certificate. Learned
counsel for respondent No.1 has no objection to the interest not being
awarded for the aforesaid period.
6. The appeal is partially allowed. The compensation of Rs.7,36,000/-
awarded by the Claims Tribunal is upheld along with interest from the date
of filing of the claim petition i.e. 09th May, 2012 upto realisation with
interest @ 9% per annum except for the period 19th December, 2013 to 14th
August, 2015.
7. The appellant has deposited award amount with UCO Bank, Delhi
High Court Branch in terms of the order dated 11th July, 2016.
8. As per the calculation done by Accounts Officer, respondent No.1 is
entitled to award amount of Rs.7,36,000/- along with interest of
Rs.1,69,592/- for the period mentioned above. Respondent No.1 is, thus,
entitled to total amount of Rs.9,05,542/- (Rs.7,36,000/- + Rs.1,69,542/-).
9. UCO Bank, Delhi High Court Branch is directed to refund a sum of
Rs.1,09,755/- to the appellant. With respect to the balance amount of
Rs.9,05,542/-, UCO Bank is directed to keep Rs.8,00,000/- in fixed deposit
in the following manner: -
Sl. Respondent No.1
No. Duration of FDR FDR amount
(Rs.)
1. 1 year 1,00,000/-
2. 2 years 1,00,000/-
3. 3 years 1,00,000/-
4. 4 years 1,00,000/-
5. 5 years 1,00,000/-
6. 6 years 1,00,000/-
7. 7 years 1,00,000/-
8. 8 years 1,00,000/-
TOTAL 8,00,000/-
10. The balance amount after issuing FDRs for Rs.8,00,000/- be released
to the respondent No.1 by transferring the same to his individual savings
bank account.
11. Monthly interest on the FDRs of the respondent No.1 shall be credited
to his individual savings bank account.
12. At the time of maturity, the fixed deposit amount shall be
automatically credited in the savings bank account of the beneficiary.
13. 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 respondent No.1.
14. No cheque book or debit card be issued to the claimant/respondent
No.1 without permission of this Court.
15. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
16. The claimant/respondent No.1 shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount in
terms of this judgement.
17. UCO Bank, Delhi High Court Branch shall ensure that the savings
account of respondent No.1 is individual account and not joint account.
18. The claimant/respondent No.1 at liberty to approach this Court for
release of further amount in case of any financial exigency.
19. C.M. Appl. 24066/2016 is disposed of.
20. Copy of this judgement be given dasti to learned counsel for the
parties under signature of Court Master.
J.R. MIDHA, J.
AUGUST 30, 2016
rsk
