Delhi High Court
The New India Assurance Co. Ltd. vs Mehraj Khan & Ors. on 2 November, 2016
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02nd November, 2016
+ MAC.APP. 179/2016 and C.M. Appl. 6924/2016
THE NEW INDIA ASSURANCE CO. LTD. ..... Petitioner
Through: Mr. J.P.N. Shahi, Advocate
versus
MEHRAJ KHAN & ORS. ..... Respondent
Through: Mr. Navneet Goyal and Ms. Sneha
Savant, Advocates for respondent
No.1
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.32,99,530/- has been awarded to
respondent No.1.
2. The accident dated 26th March, 2011 resulted in crush injuries
on left thigh (inguinal region till lower 1/3rd) with lost distal pulsation
and pubic area involving scrotum and base of phallus extending upto
inguinal region, thigh and pelvis. Respondent No.1 was diagnosed
with femoral artery thrombosis (at inguinal level) with fracture shaft
of femur (left) with massive skin flap avulsion on left thigh and
extensive wound extending into both groin and perineum upto gluteal
region. Respondent No.1 remained hospitalised from 26th March,
2011 till 03rd April, 2011. Respondent No.1 underwent femoral artery
repair and debridement with skin tagging on 26th March 2011.
Respondent No.1 was referred to Safdarjung Hospital, Delhi where he
remained hospitalised for 4-5 months. His lower limb is not working
due to the permanent disability. He cannot move/walk without escort
or crutches. Respondent No.1 was aged 24 years at the time of
accident and was working as Civil Engineer with AssitMax
Developers, at a salary of Rs.19,550/- per month. The permanent
disability of respondent No.1 was assessed at 50% in respect of whole
body. The Claims Tribunal took the functional disability of the
appellant as 50% in respect of whole body and awarded Rs.4,69,200/-
towards loss of income, Rs.21,11,400/- towards loss of earning
capacity due to the permanent disability, Rs.1,00,000/- towards loss of
pain and suffering, Rs.1,00,000/- towards loss of amenities and
enjoyment of life, Rs.50,000/- towards special diet and conveyance,
Rs.84,000/- towards attendant charges, Rs.50,000/- towards future
treatment, Rs.2,34,930/- towards medical expenses and Rs.1,00,000/-
towards marriage prospects. The Claims Tribunal awarded the total
compensation of Rs.32,99,530/-.
3. Learned counsel for the appellant urged at the time of hearing of
the appeal that the functional disability of the appellant be reduced
from 50% to 25%.
4. Respondent No.1 is present in Court and his condition has been
seen by this Court as well as learned counsels for both the parties.
This Court is satisfied that the functional disability of 50% taken by
the Claims Tribunal is just, fair and reasonable and does not warrant
any interference.
5. Learned counsel for the appellant next submits that the Claims
Tribunal has awarded the interest @ 12% per annum which is on a
higher side. The rate of interest is reduced from 12% to 9%.
6. The appeal is partially allowed to the extent that the rate of
interest is reduced from 12% to 9%. However, the award of
Rs.32,99,530/- passed by the Claims Tribunal is upheld.
7. The Claims Tribunal has recovered the entire award amount by
way of attachment, out of which 30% amount has been released to
respondent No.1 in terms of order dated 25th February, 2016 and the
balance amount of Rs.32,01,001/- is lying in FDR
No.20780310187678 with UCO Bank, Karkardooma Court Branch.
With respect to 30% amount released to respondent No.1
Rs.6,85,929/- is lying in FDR No.20780310187661 with UCO Bank,
Karkardooma Court.
8. UCO Bank, Karkardooma Court Branch is directed to
consolidate both the FDRs and keep Rs.38 lakh in FDR the name of
respondent No.1 in the following manner: -
Sr. No. Duration of FDR Resp. 1
FDR amount
(Rs.)
1. 1 yr 1,50,000/-
2. 2 yrs 1,50,000/-
3. 3 yrs 1,50,000/-
4. 4 yrs 1,50,000/-
5. 5 yrs 1,50,000/-
6. 6 yrs 1,50,000/-
7. 7 yrs 1,50,000/-
8. 8 yrs 1,50,000/-
9. 9 yrs 1,50,000/-
10. 10 yrs 1,50,000/-
11. * 10 yrs 23,00,000/-
TOTAL 38,00,000/-
* FDR for Rs.23,00,000/- of respondent No.1 (at serial No.11) on
maturity shall be renewed by issuing 10 FDRs of Rs.1,50,000/- each
for a period of 1 year, 2 years, 3 years, 4 years, 5 years, 6 years, 7
years, 8 years, 9 years, 10 years and 1 FDR of Rs.8,00,000/- for a
period 10 years. The maturity amount of the above FDR of
Rs.8,00,000/-shall further be kept in four FDRs of Rs.2,00,000/- each
for the periods of 1 year, 2 years, 3 years and 4 years.
9. UCO Bank, Karkardooma Court Branch shall release the
balance amount, after issuing FDRs for Rs.38 lakh, to respondent
No.1 by transferring the same to his individual savings bank account.
10. The monthly interest on all the FDRs shall be paid to
respondent No.1 by transferring the said amount to his individual
savings bank account.
11. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank account of
respondent No.1.
12. All the original FDRs shall be retained by UCO Bank,
Karkardooma Court Branch. However, the photocopies of the same
shall be provided to respondent No.1.
13. No cheque book or debit card be issued to respondent No.1
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 respondent No.1 shall approach the UCO Bank,
Karkardooma Court Branch for completing the formalities for the
disbursement of the award amount in terms of this order.
16. UCO Bank, Karkardooma Court Branch Branch shall ensure
that the savings bank account of respondent No.1 is individual account
and not joint account.
17. The statutory amount be refunded back to the appellant.
C.M. Appl. 6924/2016
18. Application disposed of.
19. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
NOVEMBER 02, 2016 J.R. MIDHA, J.
rsk
