Delhi High Court
Reliance General Insurance Co. ... vs Suman And Ors. on 6 December, 2016
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06th December, 2016
+ MAC.APP. 824/2012
RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. A.K. Soni and Mr. Pawan
Kumar, Advocates
Versus
SUMAN AND ORS. ..... Respondents
Through: Mr. Peeush Sharma, Mr. Shaurya
Tomar and Mr. Kartikey Nayyar,
Advocates for respondent No.2 &
3
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.16,63,726/- has been awarded to
respondents No.1 and 3.
2. The accident dated 25th June, 2009 resulted in the death of
Surender Kumar. The deceased was aged 45 years at the time of the
accident and was survived by his widow and two sons who filed the
claim petition before the Claims Tribunal. The deceased was a
practicing ayurvedic doctor. The Claims Tribunal took the income of
the deceased as Rs.1,12,395/- per annum as per the Income Tax
Return for the assessment year 2008-09, added 30% towards future
prospects, deducted 1/3rd towards personal expenses and applied the
multiplier of 14 to compute the loss of dependency at Rs.13,63,726/-.
The Claims Tribunal awarded Rs.1,50,000/- towards loss of love and
affection, Rs.50,000/- towards loss of consortium, Rs.90,000/- towards
loss of estate and Rs.10,000/- towards funeral charges. The total
compensation awarded is Rs.16,63,726/-.
3. Learned counsel for the appellant urged at the time of hearing
that the compensation awarded by the Claims Tribunal is exorbitant
and liable to be reduced. It is further submitted that the Claims
Tribunal has awarded the counsel's fee of Rs.50,000/- and out of
pocket expenses of Rs.5,000/- without any justification.
4. This Court is of the view that the compensation awarded by the
Claims Tribunal is just, fair and reasonable and does not warrant any
reduction. However, the direction of the Claims Tribunal to pay the
legal fees and out of pocket expenses is set aside.
5. The appeal is partially allowed to the extent of setting aside of
the counsel fee and out of pocket expenses of Rs.55,000/-.
6. The appellant has deposited the award amount with UCO Bank,
Delhi High Court Branch in terms of order dated 30th July, 2012.
UCO Bank, Delhi High Court Branch is directed to release a sum of
Rs.1 lakh to respondent No.1, Rs.50,000/- to respondent No.2 and
Rs.50,000/- to respondent No.3 by transferring the said amount to
their savings bank accounts.
7. The balance amount be kept in fixed deposit in the following
manner:
Sr. Duration of Resp. 1 Resp. 2 Resp. 3
No. FDR Wife Son Son
(60%) (20%) (20%)
1. 1 year 6% 4% 4%
2. 2 years 6% 4% 4%
3. 3 years 6% 4% 4%
4. 4 years 6% 4% 4%
5. 5 years 6% 4% 4%
6. 6 years 6% - -
7. 7 years 6% - -
8. 8 years 6% - -
9. 9 years 6% - -
10. 10 years 6% - -
TOTAL 60% 20% 20%
GRAND TOTAL 100%
8. The respondents shall intimate the particulars of their savings
bank accounts to UCO Bank, Delhi High Court Branch.
9. The monthly interest on the FDRs of respondents shall be
credited in their individual savings bank accounts near the place of
their residence.
10. At the time of maturity, the fixed deposit amount shall be
automatically credited in the savings bank accounts of the
beneficiaries near the place of their residence.
11. 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 claimants/respondents.
12. No cheque book or debit card be issued to the
claimants/respondents without permission of this Court.
13. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
14. The claimants/respondents shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
15. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents are individual accounts and not
joint accounts.
16. The statutory amount be refunded back to the appellant.
17. Dasti.
DECEMBER 06, 2016 J.R. MIDHA, J.
rsk
