Delhi High Court
Icici Lombard General Insurance ... vs Krishna Devi & Ors on 4 November, 2016
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th November, 2016
+ MAC.APP. 987/2013 and C.M. Appl. 17339/2013
ICICI LOMBARD GENERAL ..... Petitioner
INSURANCE CO. LTD
Through: Ms. Suman Bagga, Advocate
versus
KRISHNA DEVI & ORS ..... Respondent
Through: Mr. Sudeep Dey, Advocate 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 compensation of Rs.7,89,335/- has been awarded to
respondent No.1.
2. The accident dated 02nd January, 2010 resulted in amputation of
left leg below knee of respondent No.1. The permanent disability of
respondent No.1 was assessed as 75%. Respondent No.1 was aged 75
years at the time of the accident. The Claims Tribunal awarded Rs.1
lakh towards pain and suffering, Rs.1 lakh towards loss of amenities
of life, Rs.1 lakh towards loss of expectation of life, Rs.83,300/-
towards expenditure on treatment, Rs.30,000/- towards conveyance
and special diet, Rs.1,58,620/- towards cost of artificial limb,
Rs.39,530/- towards loss of income and Rs.1,77,885/- towards loss of
earning capacity. The total compensation awarded is Rs.7,89,335/-.
3. Learned counsel for the appellant urged at the time of hearing
that the compensation awarded by the Claims Tribunal is on higher
side and it warrants reduction. Learned counsel for the appellant
further submitted that the penal interest of 12% be set aside since the
appellant had challenged the impugned award before this Court.
4. This Court is of the view that the compensation awarded to
respondent No.1 is just, fair and reasonable and does not warrant any
reduction. However, the penal interest of 12% imposed by the Claims
Tribunal is set aside.
5. The appeal is allowed to the extent that penal interest of 12% is
set aside. However, the award of Rs.7,89,335/- @ 9% per annum from
the date of filing of petition till realisation is upheld.
6. The appellant has deposited the entire award amount with the
Registrar General of this Court in terms of the order dated 01st
November, 2013 out of which 50% amount has been released to
respondent No.1 and the balance amount is lying in fixed deposit.
7. Respondent No.1 has expired during the pendency of this
appeal on 19th August, 2013 and has been substituted by her husband,
Kanwar Bhan, and other legal representatives.
8. The Registrar General is directed to disburse the balance
amount by instructing UCO Bank, Delhi High Court Branch to
discharge the FDR and release 50% of the amount lying in FDR to
Kanwar Bhan by transferring the same to his savings bank account
No.10868413304 with State Bank of India, the Mall, Karnal, IFSC
Code No.SBIN0000665.
9. The balance 50% of the amount be kept in an FDR in the name
of Kanwar Bhan for a period of one year.
10. The monthly interest on the FDR shall be credited to the savings
bank account of Kanwar Bhan.
11. At the time of maturity, the fixed deposit amount shall be
credited in the savings bank account of the beneficiary.
12. The original FDR shall be retained by UCO Bank, Delhi High
Court Branch. However, the photocopy of the same shall be provided
to the beneficiary.
13. No cheque book or debit card be issued to the beneficiary
without permission of this Court.
14. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
15. Kanwar Bhan shall approach the UCO Bank, Delhi High Court
Branch for completing the formalities for the disbursement of the
award amount in terms of this order.
16. The UCO Bank, Delhi High Court Branch shall ensure that the
savings bank account of Kanwar Bhan is individual savings bank
account and not joint account.
17. The statutory amount be refunded back to the appellant.
18. Pending application is disposed of.
19. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
NOVEMBER 04, 2016 J.R. MIDHA, J.
rsk
