Delhi High Court
Oriental Insurance Co Ltd vs Parkash Chander And Ors on 8 December, 2016
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08th December, 2016
+ MAC.APP. 1106/2012
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. A.K. Soni, Adv.
versus
PARKASH CHANDER AND ORS ..... Respondents
Through: Mr. S.N. Parashar, Adv. for
R1(a) to R1(c).
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby the compensation of Rs.9,76,544/- has been awarded to
Parkash Chander.
2. The accident dated 30th November, 2006 resulted in the
grievous injuries to Parkash Chander who filed the claim petition
before the Claims Tribunal. The injured suffered fracture on both
bones of left leg and he was admitted in Ayushman Hospital on 30th
November, 2006 and discharged on 05th December, 2006. He was
again hospitalised from 31st January, 2007 to 03rd February, 2007, 22nd
August, 2007 to 28th August, 2007, 05th January, 2008 to 09th January,
2008, 29th April, 2008 to 03rd May, 2008, 28th July, 2008 to 21st July,
2008, 04th May, 2009 to 08th May, 2009 and 09th August, 2009 to 13th
August, 2009.
3. The Claims Tribunal awarded compensation of Rs.50,000/- for
pain and suffering, Rs.35,372/- for cost of treatment, Rs.3,67,172/-
towards loss of income, Rs.5,04,000/- towards loss of earning
capacity, Rs.10,000/- towards special diet and Rs.10,000/- towards
conveyance. The total compensation awarded by the Claims Tribunal
is Rs.9,76,544/-.
4. Learned counsel for the appellant urged at the time of hearing
the compensation awarded is on a higher side. It is further submitted
that the petitioner has claimed recovery rights against respondents
No.2 and 3 which have not been granted by the Claims Tribunal.
5. Learned counsel for the respondent submits that the injured
Parkash Chander expired during the pendency of this appeal and has
been substituted by his legal representatives namely widow and two
daughters. It is submitted that the compensation awarded by the
Claims Tribunal is just, fair and reasonable.
6. This Court is of the view that compensation awarded to the
respondents is just, fair and reasonable and does not warrant any
reduction.
7. With respect to the recovery rights claimed by the appellant,
this Court is of the view that the appellant is entitled to recovery rights
against respondents No.2 and 3 who failed to produce the driving
licence despite notice under Order XII Rule 8 CPC (Ex.R3W1/1) and
the driver has been charge-sheeted by the police under Section 3/181
of the Motor Vehicles Act.
8. The appeal is partially allowed to the extent that the appellant is
entitled to recovery rights against the respondents No.2 and 3.
9. The appellant has deposited 50% of the award amount in terms
of the order dated 15th October, 2012 in respect of which this Court
vide order dated 07th November, 2016 directed UCO Bank, Delhi High
Court Branch to release 50,000/- to respondents No.1(a) and
Rs.25,000/- to respondent No.1(b) and keep the balance in five FDRs
of equal amount in the name of respondent No.1(a) for the period 1
year, 2 years, 3 years, 4 years and 5 years.
10. The appellant has deposited 50% balance award amount of
Rs.9,07,249/- with UCO Bank, Delhi High Court Branch on 16th
November, 2016 in terms of the order dated 04th October, 2016. With
respect to Rs.9,07,249/- deposited by the appellant on 16th November,
2016, UCO Bank, Delhi High Court Branch is directed to keep
Rs.8,50,000/- in fixed deposit in the following manner:-
Sl. Respondent Respondent Respondent No.1(c)
No. Duration of No.1(a) No.1(b) FDR amount
FDR FDR amount FDR amount (Rs.)
(Rs.) (Rs.)
1. 6 years 50,000/- 40,000/- Rs.2,00,000/- be kept
in FDR till she attains
2. 7 years 50,000/- 40,000/- the age of majority.
3. 8 years 50,000/- 40,000/-
On attaining majority
4. 9 years 50,000/- 40,000/- Rs.40,000/- shall be
5. 10 years 50,000/- 40,000/- released to her and
balance Rs.1,60,000/-
6. 11 years 50,000/- - be kept in 4 FDRs of
7. 12 years 50,000/- - equal amount for a
period of 1 year, 2
8. 13 years 50,000/- - years, 3 years and 4
9. 14 years 50,000/- - years.
TOTAL 4,50,000/- 2,00,000/- 2,00,000/-
GRAND TOTAL 8,50,000/-
UCO Bank shall release the balance amount, after issuing FDRs for
Rs.8,50,000/-, to respondents No.1(a) by transferring the same to her
individual savings bank account.
11. The monthly interest on the FDRs of respondents No.1(a) and
1(c) shall be paid to them by transferring the said amount to their
individual savings bank account. The monthly interest on FDRS of
respondent No.1(c) be paid to respondent No.1(a) by transferring the
same to her savings bank account.
12. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
claimants/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 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. The claimants/respondents shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
17. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents No.1(a) to 1(c) are individual
accounts and not joint accounts.
18. The Respondents are at liberty to approach this Court for
release of further amount in case of any financial exigency.
19. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
DECEMBER 08, 2016 J.R. MIDHA, J.
ak
