Delhi High Court
United India Insurance Co. Ltd. vs Sarita & Ors. on 8 December, 2016
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08th December, 2016
+ MAC.APP. 737/2015
UNITED INDIA INSURANCE CO. LTD. ..... Appellant
Through: Mr. Animesh Sinha, Adv.
Versus
SARITA & ORS. ..... Respondents
Through: Mr. S.N. Parashar, Adv. for R-1 to
R-4.
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.16,07,000/- has been awarded to
claimants/respondents no.1 to 4.
2. The accident dated 17th December, 2010 resulted in the death of
Ishwar Singh. The deceased was aged 34 years and was survived by
his widow, minor son and parents who filed the claim petition before
the Claims Tribunal. The deceased was working as a Supervisor in a
private company earning Rs.8,000/- per month. The Claims Tribunal
took the income of the deceased as Rs.8,000/-, deducted 1/4th towards
the personal expenses and applied the multiplier of 16 to compute the
loss of dependency as Rs..11,52,000/-. The Claims Tribunal awarded
Rs.4 lakh towards loss of love and affection, Rs.20,000/- towards loss
of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/-
towards funeral expenses. The total compensation awarded is
Rs.16,07,000/-.
3. Learned counsel for the appellant urged at the time of the
hearing of the appeal that the compensation awarded under the head of
loss of love and affection is on a higher side. It is further submitted
that the appellant is entitled to recovery rights against respondents
no.5 and 6 as the driving licence of respondent no.5 was found to be
fake.
4. With respect to the quantum of compensation awarded by the
Claims Tribunal, this Court is of the view that compensation awarded
by the Claims Tribunal is just, fair and reasonable and does not
warrant any reduction considering that the Claims Tribunal has not
awarded the future prospects and has awarded lower compensation
under the heads of loss of consortium and loss of estate.
5. With respect to the driving licence of respondent no.1, the
Claims Tribunal has not granted recovery rights on the ground that the
driver of the offending vehicle was holding a valid driving licence
issued by the Transport Office, Nagaland. There is no infirmity in the
finding of the Claims Tribunal.
6. The appeal is dismissed.
7. The appellant has deposited the entire award amount with the
Registrar General of this Court in terms of order dated 28 th September,
2015.
8. The Registrar General is directed to disburse the award amount
deposited by the appellant to respondents no.1 to 4 by instructing
UCO Bank, Delhi High Court Branch to keep Rs.21 lakh in fixed
deposit in the following manner:
Sr. Duration Resp. 1 Resp. 2 Resp. 3 Resp. 4
No. of FDR Widow Minor son Mother Father
FDR amount FDR amount (Rs.) FDR amount FDR amount
(Rs.) (Rs.) (Rs.)
1. 1 yr 50,000/- 30,000/- 30,000/-
Rs.5 lakhs be kept in
2. 2 yrs 50,000/- FDR till he attains the 30,000/- 30,000/-
age of majority. On
3. 3 yrs 50,000/- attaining majority, 30,000/- 30,000/-
the bank shall release
4. 4 yrs 50,000/- 30,000/- 30,000/-
Rs.50,000/- and keep
5. 5 yrs 50,000/- Rs.4,50,000/- in 9 30,000/- 30,000/-
FDRs for Rs.50,000/-
6. 6 yrs 50,000/- each for a period 1 30,000/- 30,000/-
year, 2 years, 3 years,
7. 7 yrs 50,000/-
4 years, 5 years, 6
30,000/- 30,000/-
8. 8 yrs 50,000/- years, 7 years, 8 years 30,000/- 30,000/-
and 9 years
9. 9 yrs 50,000/- 30,000/- 30,000/-
10. 10 yrs 50,000/- 30,000/- 30,000/-
11. * 10 yrs 5,00,000/ - -
TOTAL 10,00,000/- 5,00,000/- 3,00,000/- 3,00,000/
GRAND TOTAL 21,00,000/-
* FDR for Rs.5,00,000/- of respondent No.1 (at serial No.11) on maturity the bank
shall be renewed by issuing 10 FDRs of Rs.50,000/- each for a period of 1 year,
2 years, 3 years, 4 years, 5 years, 6 years, 7 years, 8 years, 9 years and 10 years.
9. The balance amount after keeping Rs.21 lakhs in FDRs released
to respondents No.1, 3 and 4 in equal shares by transferring the same
to their individual savings bank accounts in UCO Bank, Rohini
Branch.
10. The monthly interest on the FDRs shall be paid to respondents
No.1, 3 and 4 by transferring the said amount to their individual
savings bank accounts near the place of their residence. The monthly
interest on the FDRs of respondent no.2 shall be paid to respondent
No.1 by transferring the same to the saving bank of respondent No.2.
11. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
claimants/beneficiaries near the place of their residence.
12. Respondents no.1, 3 and 4 shall open a savings bank account
near the place of their residence and the interest amount and the
maturity amount of the FDRs shall be transferred to their savings bank
account near the place of their residence. Respondents no.1, 3 and 4
shall furnish the particulars of their savings bank accounts to UCO
Bank, Delhi High Court Branch.
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 claimants/beneficiaries.
14. No cheque book or debit card be issued to the
claimants/respondents without permission of this Court.
15. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
16. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents are individual accounts and not
joint accounts.
17. Respondents are at liberty to approach this Court for release of
further amount in case of any financial exigency.
18. Copy of this judgment be given dasti to counsel for the parties
under the signature of the Court Master.
DECEMBER 08, 2016 J.R. MIDHA, J.
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