Delhi High Court
Reliance General Insurance Co Ltd vs Karambir Tyagi & Ors on 31 August, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31st August, 2016
+ MAC.APP. 500/2016
RELIANCE GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Soni, Adv.
versus
KARAMBIR TYAGI & ORS ..... Respondents
Through: Mr. S.N. Parashar, Adv. for R-1 and
R-2
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
CM 24074/2016
The appellant has deposited Rs.15,93,293/- with UCO Bank, Delhi
High Court Branch on 29th August, 2016. The appellant has deposited
further amount of Rs.29,685/- on 29th August, 2016.
The application is disposed of.
MAC.APP. 500/2016
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.14,58,270/- has been awarded to claimants/
respondents no.1 and 2.
2. The accident dated 2nd June, 2014 resulted in the death of Ashwani
Kumar Tyagi. The deceased was aged about 24 years at the time of the
accident and was survived by his parents who filed the claim petition before
the Claims Tribunal. The deceased was doing the business of supplying
items to the hotels after completing B.Sc. (Hospitality and Hotel
Administration). The Claims Tribunal took minimum wages of a graduate
i.e. Rs.11,310/-, added 50% towards future prospects, deducted 50% towards
his personal expenses and applied the multiplier of 13 to compute the loss of
dependency as Rs.13,23,270/-. The Claims Tribunal awarded Rs.1,00,000/-
towards loss of love and affection, Rs.10,000/- towards loss of estate and
Rs.25,000/- towards funeral expenses. Total compensation awarded is
Rs.14,58,270/-.
3. Learned counsel for the appellant has urged at the time of the hearing
that the future prospects should not be taken into consideration and the penal
interest of 12% per annum be set aside as the appellant had filed the appeal
before this Court.
4. This Court is of the view that the compensation awarded by the
Claims Tribunal is just, fair and reasonable. This Court is of the view that
since the educational qualifications and the occupation of the deceased were
duly proved, the Claims Tribunal ought to have taken the potential income
of the deceased instead of resorting the minimum wages. In that view of the
matter, the potential income of the deceased is taken equivalent to the
minimum wages. As such, there is no infirmity in taking the future prospects
of the deceased into consideration for computing the compensation.
5. There is merit in the second contention of learned counsel for the
appellant that the penal interest of 12% be set aside since the appellant had
preferred the appeal before this Court.
6. The appeal is partially allowed by setting aside the clause relating to
the penal interest of 12% per annum imposed by the Claims Tribunal.
However, the compensation of Rs.14,58,270/- along with interest @ 9% per
annum from the date of the filing of the claim petition is upheld.
7. The appellant has deposited Rs.15,93,293/- towards the award amount
along with interest thereon. The appellant has also deposited the TDS
amount of Rs.29,685/-.
8. UCO Bank, Delhi High Court Branch is directed to deposit
Rs.29,685/- towards TDS with the Income Tax Department and issue the
TDS certificate to Respondents no.1 and 2.
9. With respect to Rs.15,93,293/- deposited by the appellant, UCO Bank,
Delhi High Court Branch is directed to keep Rs.14,50,000/- in fixed deposit
in the following manner:
RESP. 1 RESP. 2
DURATION OF
SR. NO. FDR AMOUNT FDR AMOUNT
FDR
(RS.) (RS.)
1. 1 year 50,000/- 1,00,000/-
2. 2 years 50,000/- 1,00,000/-
3. 3 years 50,000/- 1,00,000/-
4. 4 years 50,000/- 1,00,000/-
5. 5 years 50,000/- 1,00,000/-
6. 6 years 50,000/- 1,00,000/-
7. 7 years 50,000/- 1,00,000/-
8. 8 years 50,000/- 1,00,000/-
9. 9 years 50,000/- 1,00,000/-
10. 10 years - 1,00,000/-
TOTAL 4,50,000/- Rs.10,00,000/-
GRAND TOTAL 14,50,000/-
10. The balance amount after keeping Rs.14,50,000/- in FDRs be released
to respondents No.1 and 2 in equal shares by transferring the said amount to
their savings bank accounts.
11. Monthly interest on the FDRs be credited in the respective savings
bank accounts of espondents No.1 and 2.
12. At the time of maturity, the fixed deposit amount shall be
automatically credited in the savings bank accounts of the beneficiaries.
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 respondents no.1 and 2.
14. No cheque book or debit card be issued to the claimants/respondents
no.1 and 2 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 claimants/respondents no.1 and 2 shall approach the UCO Bank,
Delhi High Court Branch for disbursement of the award amount in terms of
this judgment.
17. UCO Bank, Delhi High Court Branch shall ensure that the savings
bank accounts of respondents No.1 and 2 are individual accounts and not
joint accounts.
18. The claimants/respondents no.1 and 2 are at liberty to approach this
Court for release of further amount in case of any financial exigency.
19. The statutory amount be refunded back to the appellant.
20. Copy of this judgment be given dasti to learned counsel for the parties
under signatures of Court Master.
J.R. MIDHA, J.
AUGUST 31, 2016
dk
