Delhi High Court
The New India Assurance Co. Ltd. vs Pinki Devi & Ors. on 18 November, 2016
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18th November, 2016
+ MAC.APP. 715/2016 and C.M. Appl. 32081/2016
THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. J.P.N. Shahi, Adv.
Versus
PINKI DEVI & 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.12,87,355/- has been awarded to
claimants/respondents No.1 to 5.
2. The accident dated 28th May, 2009 resulted in the death of
Naveen Kumar Mishra. The deceased was aged 37 years at the time of
the accident and was survived by his widow, two minor children and
parents 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 15 to compute the loss of
dependency as Rs.8,87,355/-. 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.12,87,355/-.
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
daughter aged 16 years and son aged 15 years are studying. She
further submits that she is staying with her in-laws in a rented
accommodation. 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 5 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.20,34,890/- with UCO Bank,
Delhi High Court Branch in terms of the order dated 02nd September,
2016. UCO Bank, Delhi High Court Branch is directed to keep
Rs.19,00,000/- in fixed deposit in the following manner:-
Sr. Duration Resp. 1 Resp. 2 Resp. 3 Resp. 4 Resp. 5
No. of FDR (Widow) (Father) (Mother) (Daughter) (Son)
FDR FDR FDR FDR amount FDR amount
amount amount amount (Rs.) (Rs.)
(Rs.) (Rs.) (Rs.)
1. 1 yr 80,000/- 25,000/- 25,000/- Rs.4,00,000/-of Rs.4,00,000/-of
the amount be the amount be
2. 2 yrs 80,000/- 25,000/- 25,000/-
kept in FDR till kept in FDR till
3. 3 yrs 80,000/- 25,000/- 25,000/- she attains the he attains the
4. 4 yrs 80,000/- 25,000/- 25,000/- age of majority. age of majority.
5. 5 yrs 80,000/- - 25,000/-
On attaining On attaining
6. 6 yrs 80,000/- - 25,000/- majority, the majority, the
bank shall bank shall
7. 7 yrs 80,000/- - 25,000/- release release
8. 8 yrs 80,000/- - 25,000/- Rs.50,000/- to Rs.50,000/- to
respondent No.4 respondent No.5
9. 9 yrs 80,000/- - - and keep and keep
10. 10 yrs 80,000/- - - Rs.3,50,000/- be Rs.3,50,000/- be
kept in 7 FDRs kept in 7 FDRs
of equal amount of equal amount
for a period of 1 for a period of 1
year, 2 years, 3 year, 2 years, 3
years, 4 years, 5 years, 4 years, 5
years, 6 years years, 6 years
and 7 years. and 7 years.
TOTAL 8,00,000/- 1,00,000/- 2,00,000/- 4,00,000/- 4,00,000/-
GRAND TOTAL 19,00,000/-
9. The balance amount, after keeping the amount of Rs.19 lakh, in
fixed deposit be released to respondents No.1 to 3 in equal share by
transferring the same to their individual savings banks accounts.
10. Monthly interest on the FDRs of the respondents No.1 to 3 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.4 and 5 shall be credited in
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 near the place of their residence.
12. Respondents No.1 to 5 are residents of Ghaziabad. Respondents
No.1 to 3 shall open savings bank accounts near the place of their
residence and they shall provide the particulars of their savings bank
accounts to UCO Bank, Delhi High Court Branch. UCO Bank shall
transfer the maturity amount and the monthly interest on the FDRs in
individual savings bank accounts of respondents No.1 to 3 near the
place of their residence in terms of this order.
13. 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 3.
14. No cheque book or debit card be issued to the
claimants/respondents No.1 to 3 without permission of this Court.
15. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
16. The claimants/respondents No.1 to 3 shall approach the UCO
Bank for completing the formalities for the disbursement of the award
amount in terms of this order.
17. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents No.1 to 3 are individual
accounts and not joint accounts.
18. The statutory amount be refunded back to the appellant.
19. List for reporting compliance on 21st December, 2016.
20. 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
