Delhi High Court
The New India Assurance Co. Ltd. vs Ahmad Hussain & Ors. on 2 November, 2016
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02nd November, 2016
+ MAC.APP. 1105/2013
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. J.P.N. Shahi, Advocate
Versus
AHMAD HUSSAIN & ORS.
..... Respondent
Through: Mr. N.K. Jha, Advocate for
Respondents No.1 and 2.
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.5,95,968/- has been awarded to
respondents No.1 and 2.
2. The accident dated 09th August, 2011 resulted in the death of
Mohd. Wakil. The deceased was 19 years old at the time of accident
and was survived by his parents who filed the claim petition before the
Claims Tribunal. The deceased was carrying on the business of
supplying chickens. It was claimed that the deceased was earning
Rs.9,000/- per month. The Claims Tribunal took the minimum wages
of Rs.6,422/-, added 30% towards inflation, deducted 50% towards
personal expenses and applied the multiplier of 11 to compute the loss
of dependency at Rs.5,50,968/-. The Claims Tribunal awarded
Rs.25,000/- towards loss of love and affection, Rs.10,000/- towards
loss of estate and Rs.10,000/- towards funeral expenses. The total
compensation awarded is Rs.5,95,968/- along with interest @ 7.5%
per annum.
3. Learned counsel for the appellant urged at the time of hearing
that the addition of 30% towards inflation be set aside.
4. Respondent No.1 is present in Court along with his counsel.
Respondent No.1 is a disabled person and his complete left arm has
been amputed. Respondent No.1 is a labourer and he is a resident of
Village Gajpatti, P.O. Chhaprameg, District Muzaffarpur, Bihar.
5. Learned counsel for respondent No.1 seeks enhancement of the
award amount under the heads of loss of love and affection, loss of
estate and funeral expenses on the ground that meagre amounts have
been awarded under the said heads. It is further submitted that the rate
of interest @ 7.5% be enhanced to 9%.
6. With respect to the submissions made by the learned counsel for
the appellant, this Court is of the view that the there is no infirmity in
the Claims Tribunal adding 30% towards inflation. However, there is
merit in the contention urged by the learned counsel for respondents
No.1 and 2 as the compensation awarded by the Claims Tribunal
under the heads of loss of love and affection, loss of estate and funeral
expenses are on a lower side and they warrants enhancement. The
compensation for loss of love and affection is enhanced from
Rs.25,000/- to Rs.1,00,000/-, compensation for loss of estate is
enhanced from Rs.10,000/- to Rs.50,000/- and the compensation for
funeral expenses is enhanced from Rs.10,000/- to Rs.25,000/-. The
Claims Tribunal has awarded interest @ 7.5% which is on a lower
side and is enhanced to 9%. Respondents No.1 and 2 are entitled to
total compensation of Rs.7,25,968/- along with interest @ 9% per
annum.
7. Learned counsel for the appellant submits that respondents No.1
and 2 have not filed cross objections. This Court is duly empowered to
enhance the award amount even in the absence of cross objections to
do the complete justice as held by this Court in National Insurance
Company Ltd. v. Komal, MANU/DE/2870/2012.
8. The appeal is dismissed. The award amount of Rs. 5,95,968/- is
enhanced to Rs.7,25,968/- along with interest @ 9% per annum from
the date of filing of the claim petition i.e. 02nd September, 2011.
9. The appellant has deposited Rs.6,40,204/- with the Registrar
General of this Court in terms of the order dated 03rd December, 2013
out of which 80% amount has been released to respondents No.1 and 2
and the balance amount is lying in fixed deposit with UCO Bank,
Delhi High Court Branch. The Registrar General is directed to instruct
UCO Bank, Delhi High Court Branch to discharge the FDR in respect
of 20% of the award amount. The Registrar General is further
directed to transfer the statutory amount along with interest accrued
thereon to UCO Bank, Delhi High Court Branch to be adjusted against
the enhancement by this Court. The 80% award amount released to
respondents No.1 and 2 in terms of the order dated 03rd December,
2013 is lying in FDR No.15530310445808 with UCO Bank, Delhi
High Court Branch.
10. UCO Bank, Delhi High Court Branch upon discharge of FDR of
20% of the award amount and the statutory amount, shall release
Rs.50,000/- to respondent No.1 by transferring the said amount to his
savings bank account No.20780110038505 with UCO Bank,
Karkardooma Courts Branch. After releasing Rs.50,000/- to
respondent No.1, UCO Bank, Delhi High Court Branch shall
consolidate (i) the balance amount in respect of 20% of the award
amount (ii) statutory amount along with interest thereon and (iii) FDR
No.15530310445808 in respect of 80% of the award amount and
thereafter, issue fresh 10 FDRs of equal amount in the name of
respondent No. 2 for the period of 1 year, 2 years, 3 years, 4 years, 5
years, 6 years, 7 years, 8 years, 9 years and 10 years.
11. The appellant is directed to deposit the enhanced award amount
with UCO Bank, Delhi High Court by means of a cheque drawn in the
name of UCO Bank A/c Ahmad Hussain within four weeks.
12. The appellant shall file the affidavit of compliance of this order
within one week of the deposit. The affidavit shall contain the
computation of the interest on the award amount upto the date of
deposit. The appellant shall send the copy of the affidavit to the
respondents No.1 and 2.
13. Upon deposit of the enhanced award amount, UCO Bank, Delhi
High Court Branch is directed to release 10% of the enhanced award
amount to respondent No.1 by transferring the same to his savings
bank account No.20780110038505 with Karkardooma Courts Branch
and the balance amount be kept in four FDRs of equal amount in the
name of respondent No.2 for the period of 6 months, 1½ year, 2½
years and 3½ years.
14. The monthly interest on all the FDRs of respondent No.2 shall
be credited in the individual savings bank account No.50053390256 of
respondent No.2 with Allahabad Bank, Madhopur Susta Branch,
Muzaffarpur, Bihar.
15. At the time of maturity, the fixed deposit amount shall be
credited in the individual savings bank account of respondent No.2
with Allahabad Bank, Madhopur Susta Branch, Muzaffarpur, Bihar.
16. 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.
17. No cheque book or debit card be issued to the
claimants/respondents without permission of this Court.
18. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
19. The claimants/respondents shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
20. UCO Bank, Delhi High Court Branch and Karkardooma Courts
Branch shall ensure that the savings bank accounts of respondents are
individual accounts and not joint accounts.
21. List for reporting compliance on 14th December, 2016.
22. Copy of this judgment be given dasti to counsel for the parties
under the signature of the Court Master.
NOVEMBER 02, 2016 J.R. MIDHA, J.
ak
