Delhi High Court
Relaince General Insurance Co Ltd vs Vibha Kumari & Ors on 15 December, 2016
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th December, 2016
+ MAC.APP. 1149/2012 & CM No.40213-40214/2016
RELAINCE GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. Shoumik Majumdar, Advocate
Versus
VIBHA KUMARI & ORS ..... Respondents
Mr.
Through:
Lokesh Mr. Lokesh Kumar Mishra, Adv.
for respondents No.1 to 7 with
respondent No.1 in person.
Mr. Ataur Rahman and Mr.
Sarfaraz Khan, Advs. for
R10/UCO Bank.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The accident dated 18th April, 2009 resulted in the death of
Amresh Mishra. The deceased was survived by his widow, parents and
four minor children, who filed the claim petition before the Claims
Tribunal. The deceased was aged 39 years at the time of accident and
was working as a Cleaner on the truck. The Claims Tribunal took the
minimum wages of Rs.6,422/-, added 50% towards inflation, deducted
1/5th towards personal expenses and applied the multiplier of 15. The
Claims Tribunal awarded Rs.3,50,000/- towards loss of love and
affection, Rs.50,000/- towards loss of consortium, Rs.1,75,000/-
towards loss of estate, Rs.1,00,000/- towards loss of gratuitous
services and Rs.25,000/- towards funeral expenses.
2. Learned counsel for the appellant urged at the time of hearing
that the addition of 50% towards inflation be set aside. It is submitted
that the compensation under the head of loss of love and affection and
loss of estate is on a higher side and be reduced. It is further submitted
that the compensation of Rs. 1,00,000/- awarded in the head of
gratuitous services be also set aside.
3. This Court is of the view that the addition of 50% towards
inflation is fair and reasonable and does not warrant any reduction.
However, there is merit in the other contentions urged by the learned
counsel for the appellant. The compensation under the head of loss of
love and affection is reduced from Rs.3,50,000/- to Rs.1,50,000/- and
the compensation under the head of loss of estate is reduced from Rs.
1,75,000/- to Rs. 1,00,000/-. The compensation awarded under the
head of gratuitous services of Rs. 1,00,000/- is not warranted and is set
aside. The claimant is entitled to total compensation of Rs.17,12,152/-
(Rs.13,87,152/- towards loss of dependency + Rs. 25,000/- towards
funeral expenses + Rs.1,00,000/- toward loss of estate + Rs.1,50,000/-
toward loss of love and affection + Rs.50,000/- towards loss of
consortium) along with interest at the rate of 9% per annum.
4. The appeal is allowed and the awarded amount is reduced to
Rs.17,12,152/- along with interest at the rate of 9% per annum from
the date of filing of the claim petition, i.e., 31st May, 2011.
5. The appellant has already deposited Rs.10,00,000/- with UCO
Bank, Delhi High Court Branch in terms of order dated 2 nd November,
2012. Mr. Devender Kumar Tyagi, Manager of UCO Bank, Delhi
High Court is present in Court and has handed over the status report
according to which a sum of Rs.9,43,121/- is the balance as on today
out of Rs.10,00,000/- deposited by the appellant with UCO Bank,
Delhi High Court Branch in terms of the order dated 02 nd November,
2012.
6. The appellant has deposited Rs.5,71,000/- with UCO Bank,
Delhi High Court Branch yesterday in terms of the order dated 27 th
October, 2016. As such, the total amount available with UCO Bank,
Delhi High Court Branch as on today is Rs.15,14,121/- (Rs.9,43,121/-
+ Rs.5,71,000/-).
7. Respondent No1, widow of the deceased is present in Court
along with his counsel and she submits that some more amount be
released to her for educational expenses of respondent No.2 who has
to go to Kota for coaching for B.Tech admission test.
8. UCO Bank, Delhi High Court Branch is directed to keep
Rs.14,00,000/- in fixed deposit in the following manner:-
Sr. Durati Resp. 1 Resp. 2 Resp. 3 Resp. 4 Resp. 5 Resp. 6 Resp. 7
No. on of Widow Minor Son Minor Minor Son Minor Son Father Mother
FDR (Rs.) (Rs.) Daughter (Rs.) (Rs.) (Rs.) (Rs.)
(Rs.)
1. 1 yr 30,000/- Rs.2,00,000/- Rs.2,00,000/- Rs.2,00,000/- Rs.2,00,000/- 25,000/- 25,000/-
be kept in be kept in be kept in be kept in
2. 2 yrs 30,000/- 25,000/- 25,000/-
FDR till he FDR till she FDR till he FDR till he
3. 3 yrs 30,000/- attains the age attains the age attains the age attains the age 25,000/- 25,000/-
of majority. of majority. of majority. of majority.
4. 4 yrs 30,000/- 25,000/- 25,000/-
5. 5 yrs 30,000/- On attaining On attaining On attaining On attaining 25,000/- 25,000/-
majority, majority, majority, majority,
6. 6 yrs 30,000/- Rs.40,000/- Rs.40,000/- Rs.40,000/- Rs.40,000/- 25,000/- 25,000/-
7. 7 yrs 30,000/- be released be released be released be released - -
and balance and balance and balance and balance
8. 8 yrs 30,000/- of of of of - -
9. 9 yrs 30,000/- Rs.1,60,000/- Rs.1,60,000/- Rs.1,60,000/- Rs.1,60,000/-
- -
be kept in 4 be kept in 4 be kept in 4 be kept in 4
10. 10 yrs 30,000/- FDRs of FDRs of FDRs of FDRs of - -
equal amount equal amount equal amount equal amount
for a period for a period for a period for a period
of 1 year, 2 of 1 year, 2 of 1 year, 2 of 1 year, 2
years, 3 years years, 3 years years, 3 years years, 3 years
and 4 years. and 4 years. and 4 years. and 4 years.
TOTAL 3,00,000/- 2,00,000/- 2,00,000/- 2,00,000/- 2,00,000/- 1,50,000/- 1,50,000/-
GRAND TOTAL 14,00,000/-
9. The balance amount after keeping the amount of Rs.14,00,000/-
, in fixed deposit be released to respondent No.1 by transferring the
same to her savings bank account No.50087678552 of respondent
No.1 with Allahabad Bank, Janipur Branch, Distt. Sitamarhi, Bihar,
IFSC - ALLA0211315.
10. Monthly interest on the FDRs of the respondents No.1, 6 and 7
shall be credited in their individual savings bank accounts. However,
the interest on the FDRs of respondents No.2 to 5 be transferred to the
savings bank account of respondent No.1.
11. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
beneficiaries.
12. All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the photocopies of the same shall be
provided to respondents No.1, 6 and 7.
13. No cheque book or debit card be issued to the
claimants/respondents No.1, 6 and 7 without permission of this Court.
14. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
15. The claimants/respondents No.1, 6 and 7 shall approach the
UCO Bank for completing the formalities for the disbursement of the
award amount in terms of this order.
16. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents No.1, 6 and 7 are individual
accounts and not joint accounts.
17. The balance award amount be deposited by the appellant with
the UCO Bank, Delhi High Court Branch by means of a cheque drawn
in the name of UCO Bank A/c Vibha Kumari within four weeks from
today.
18. List for disbursement of the award amount to the respondents
on 06th February, 2017.
19. Copy of this judgement be given dasti to learned counsels for
the parties under signature of Court Master.
DECEMBER 15, 2016 J.R. MIDHA, J.
rsk
