Delhi High Court
United India Insurance Co. Ltd. vs Shiv Sharan Tiwari & Ors. on 4 October, 2016
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th October , 2016
+ MAC. APP. 458/2008 and C.M. Appl. 11653/2008
UNITED INDIA INSURANCE CO. LTD. ..... Petitioner
Through: Mr. L.K. Tyagi, Advocate
Versus
SHIV SHARAN TIWARI & ORS. ..... Respondent
Through: Mr. J.S. Kanwar, 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.6,74,936/- has been awarded to
respondents No.1 to 6.
2. The accident dated 30th December, 2006 resulted in the death of
Anil Tiwari. The deceased was aged 37 years at the time of the
accident and was survived by his widow, three minor children and
parents, who filed claim petition before the Claims Tribunal. The
Claims Tribunal took the minimum wages of Rs.3333/- per month,
added 50% towards future prospects, deducted 1/3 towards the
personal expenses and applied the multiplier of 16 to compute the loss
of dependency of Rs.6,39,936/-.
3. Learned counsel for the appellant urged at the time of hearing of
the appeal that the future prospects should not be taken into
consideration for computing the compensation under Section 163A of
the Motor Vehicles Act. It is further submitted that the compensation
towards loss of love and affection and funeral expenses are on a higher
side.
4. Learned counsel for respondents No.1 to 6 submits that the
deceased has left behind six legal representatives and, therefore, the
deduction towards the personal expenses should have been 1/5th
instead of 1/3rd. It is further submitted that no compensation has been
awarded towards loss of consortium and loss of estate. It is further
submitted that the lower rate of interest of 7.5% has been awarded
whereas this Court has been awarding interest @ 9% per annum.
5. Respondents No.1 and 3 are present in Court and they submit
that there is no earning member in the family and respondents No.1 to
6 are finding it very difficult to sustain themselves.
6. This Court is of the view that the compensation awarded by the
Claims Tribunal does not warrant any interference considering that the
Claims Tribunal has taken the personal expenses of the deceased as
1/3rd whereas appropriate deduction towards personal expenses should
have been 1/5th; no compensation has been awarded for loss of
consortium and loss of estate and interest @ 7.5% per annum has been
awarded instead of 9% per annum,.
7. The appeal is dismissed and the award of the Claims Tribunal is
upheld in the peculiar facts and circumstances of the case. However,
the question of law urged by learned counsel for the appellant is left
open to be considered in an appropriate case.
8. The appellant has deposited the entire award amount with the
Registrar General of this Court, out of which Rs.50,000/- has been
released to respondent No.1 and Rs.50,000/- to respondent No.3, and
the balance amount of Rs.6,59,450/- was sent to State Bank of India,
Tis Hazari Courts Branch.
9. The State Bank of India, Tis Hazari Courts Branch is directed to
disburse the amount lying in FDR to respondents No.1 to 6 by issuing
fresh FDRs of Rs.6,00,000/- in the following manner: -
Resp.1 - Resp.2 - Resp.3 - Resp.4 - Resp.5 - Minor Resp.6 - Minor
Sr. Duration Father Mother Wife Daughter Daughter Son
No. of FDR
(Rs.) (Rs.) (Rs.) (Rs.) (Rs.) (Rs.)
1. 1 year 50,000/- - - 50,000/- FDR for FDR for
Rs.1,50,000/- till Rs.1,00,000/- till
2. 2 years - 50,000/- - 50,000/- she attains the age he attains the age
- - 50,000/- 50,000/- of maturity. Upon of maturity.
3. 3 years
attaining the age Upon attaining
4. 4 years - - 50,000/- - of maturity, the the age of
bank shall release maturity, the
Rs.50,000/- to her bank shall release
individual savings Rs.50,000/- to his
bank account and individual
Rs.1,00,000/- shall savings bank
be kept in two account and
FDRs for Rs.50,000/- shall
Rs.50,000/-, each be kept in FDR
for a period of two for a period of
years. two years.
GRAND 50,000/- 50,000/- 1,00,000/- 1,50,000/- 1,50,000/- 1,00,000/-
TOTAL
TOTAL Rs.6,00,000/-
10. The balance amount after issuing the FDRs for Rs.6 lakh be
released to respondent No.2, Smt. Sudha Tiwari, and respondent No.3,
Shavita Tiwari, in equal shares.
11. The claimants have bank accounts in State Bank of India,
Chhibramau, G.T. Road, District Kannauj, U.P. The State Bank of
India, Tis Hazari Courts shall issue FDRs for Rs.6 lakh and transfer
the same to State Bank of India, Chhibramau, G.T. Road, District
Kannauj, U.P.
12. The monthly interest on the FDRs of respondents No.1 to 4
shall be credited in their individual savings bank accounts. The
interest on the FDRs of respondents No.5 and 6 shall be credited in the
individual savings bank account of respondent No.3. The interest on
the FDRs of respondents No.5 and 6 shall be credited in the individual
savings bank account of respondent No.3.
13. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
beneficiaries.
14. All the original FDRs shall be retained by State Bank of India,
Chhibramau. However, the photocopies of the same shall be provided
to the claimants/respondents.
15. No cheque book or debit card be issued to the
claimants/respondents 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 shall approach the State Bank of
India for completing the formalities for the disbursement of the award
amount in terms of this order.
18. State Bank of India, Chhibramau shall ensure that the savings
bank accounts of respondents are individual accounts and not joint
accounts.
19. The statutory amount be refunded back to the appellant.
20. Pending application is disposed of.
21. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
J.R. MIDHA, J.
OCTOBER 04, 2016/rsk
