Delhi High Court
The New India Assurance Co. Ltd. vs Vandana Kumari & Ors. on 18 November, 2016
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th November, 2016
+ MAC.APP. 751/2016 and C.M. Appl. 33429/2016
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. J.P.N. Shahi, Adv.
Versus
VANDANA KUMARI & ORS. ..... Respondents
Through: Mr. Arun Sharma, Advocate for
Respondents No.1 to 6.
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.14,64,826/- has been awarded to
claimants/respondents No.1 to 6.
2. The accident dated 28th May, 2009 resulted in the death of
Mukesh Kumar. The deceased was aged 24 years at the time of the
accident and was survived by his widow, two minor children, parents
and one dependent unmarried sister who filed the claim petition before
the Claims Tribunal.
3. The Claims Tribunal took the minimum wages of Rs.4,382/-,
added 50% towards inflation, deducted 1/4th towards personal
expenses and applied the multiplier of 18 to compute the loss of
dependency as Rs.10,64,826/-. The Claims Tribunal awarded
Rs.1,50,000/- towards loss of love and affection, Rs.1,50,000/-
towards loss of consortium, Rs.50,000/- towards funeral expenses and
Rs.50,000/- towards loss of estate. The total compensation awarded is
Rs.14,64,826/-.
4. Learned counsel for the appellant urged at the time of hearing of
the appeal that the future prospects should not be taken into
consideration and the compensation for loss of love and affection, loss
of consortium, loss of estate and funeral expenses be reduced.
5. Respondent No.1 is present in Court and she submits that her
two sons aged 9 and 7 years are studying. She further submits that
there is no earning member in the family and they regularly borrow
money from relatives for sustenance.
6. This Court is of the view that the compensation awarded to
respondents No.1 to 6 is just, fair and reasonable and does not warrant
any reduction. There is no infirmity in the Claims Tribunal adding
50% towards inflation. The compensation awarded towards loss of
love and affection, loss of consortium, loss of estate and funeral
expenses is also fair and reasonable.
7. The appeal is dismissed.
8. The appellant has deposited Rs.23,30,936/- with UCO Bank,
Delhi High Court Branch in terms of the order dated 14th September,
2016. UCO Bank, Delhi High Court Branch is directed to keep
Rs.22,00,000/- in fixed deposit in the following manner:-
Sr. Duration Resp. 1 Resp. 2 Resp. 3 Resp. 4 Resp. 5 Resp. 6
No. of FDR (Widow) (Father) (Mother) (Sister) (Son) (Son)
FDR FDR FDR FDR amount FDR FDR
amount amount amount (Rs.) amount amount
(Rs.) (Rs.) (Rs.) (Rs.) (Rs.)
1. 1 yr 80,000/- 25,000/- 25,000/- 25,000/- Rs.5,00,000/- Rs.5,00,000/-
of the amount of the amount
2. 2 yrs 80,000/- 25,000/- 25,000/- 25,000/-
be kept in be kept in
3. 3 yrs 80,000/- 25,000/- 25,000/- 25,000/- FDR till he FDR till he
attains the attains the
4. 4 yrs 80,000/- 25,000/- 25,000/- 25,000/- age of age of
5. 5 yrs 80,000/- - 25,000/- - majority. majority.
6. 6 yrs 80,000/- - 25,000/- - On attaining On attaining
7. 7 yrs 80,000/- - 25,000/- - majority, the majority, the
bank shall bank shall
8. 8 yrs 80,000/- - 25,000/-
release release
9. 9 yrs 80,000/- - - - Rs.50,000/- Rs.50,000/-
to respondent to respondent
10. 10 yrs 80,000/- - - No.5 and No.6 and
balance balance
amount be amount be
kept in 7 kept in 7
FDRs of FDRs of
equal amount equal amount
for a period for a period
of 1 year, 2 of 1 year, 2
years, 3 years, 3
years, 4 years, 4
years, 5 years, 5
years, 6 years years, 6 years
and 7 years. and 7 years.
TOTAL 8,00,000/- 1,00,000/- 2,00,000/- 1,00,000/- 5,00,000/- 5,00,000/-
GRAND TOTAL 22,00,000/-
9. The balance amount, after keeping the amount of Rs.22 lakh, in
fixed deposit be released to respondents No.1 to 4 in equal shares by
transferring the same to their individual savings banks accounts.
10. Respondents No.1 to 4 have savings bank accounts in State
Bank of India, Tis Hazari Courts. The UCO Bank, Delhi High Court
Branch shall transfer the amount in terms of the para 9 above to the
savings bank account of respondents No.1 to 4 in State Bank of India,
Tis Hazari Courts.
11. Monthly interest on the FDRs of the respondents No.1 to 4 shall
be credited in their individual savings bank accounts near the place of
their residence. However, the monthly interest on the FDRs of the two
minor children, namely, respondents No.5 and 6 shall be credited to
the savings bank account of respondent No.1.
12. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
beneficiaries near the place of their residence.
13. Respondents No.1 to 4 shall open savings bank accounts near
the place of residence and they shall provide the particulars of their
savings bank accounts with UCO Bank, Delhi High Court Branch.
UCO Bank shall transfer the maturity amount and the monthly interest
in individual savings bank accounts of respondents No.1 to 4 near the
place of their residence in terms of this order.
14. 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 to 4.
15. No cheque book or debit card be issued to the
claimants/respondents No.1 to 4 without permission of this Court.
16. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
17. The claimants/respondents No.1 to 4 shall approach the UCO
Bank for completing the formalities for the disbursement of the award
amount in terms of this order.
18. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents No.1 to 4 are individual
accounts and not joint accounts.
19. The statutory amount be refunded back to the appellant.
20. List for reporting compliance on 21st December, 2016.
21. Copy of this judgment be given dasti to learned counsel for the
parties under signature of Court Master.
NOVEMBER 18, 2016 J.R. MIDHA, J.
ak
