Delhi High Court
United India Insurance Co Ltd vs Renu & Ors on 7 October, 2016
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07th October, 2016
+ FAO 57/2012
UNITED INDIA INSURANCE CO LTD ..... Appellant
Through: Mr. Sameer Nandwani, Adv.
versus
RENU & ORS .... Respondents
Through: Mr. M.K. Rathee and Mr. J.P.
Sikka, Advs. for R1 to R6.
Mr. Peeyoosh Kalra, ASC for
GNCTD with Mr. Shiva
Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order of the Commissioner,
Employees' Compensation whereby compensation of Rs.3,94,120/-
has been awarded to claimants/respondents No.1 to 6.
2. The accident dated 01st February, 2009 resulted in the death of
Rajesh. The deceased was survived by his widow, four minor children
and mother who filed the application for compensation before the
Commissioner, Employees' Compensation.
3. The appellant contested the claim petition on the ground that the
insurance policy of the offending vehicle was cancelled on account of
dishonour of the cheque towards the premium. The Commissioner,
Employees' Compensation held the appellant liable and granted
recovery rights to the appellant to recover the awarded amount from
respondent No.7.
4. Learned counsel for the appellant submits that the cheque in
respect of the premium of the offending vehicle was dishonoured upon
presentation whereupon the appellant issued notice dated 22nd
September, 2008 to respondent No.7 and the intimation of the
cancellation of the policy was given to the Regional Transport Office
on 22nd September, 2008.
5. Learned counsel for the respondents No.1 to 6 submits that the
proof of sending the notice and service thereof to Road Transport
Authority is not on record and, therefore, the Commissioner,
Employees' Compensation rightly awarded the compensation to
respondents No.1 to 6.
6. This Court has perused the record of the Commissioner,
Employees' Compensation which does not contain proof of sending
the notice to the Regional Transport Office. In that view of the matter,
the Commissioner, Employees' Compensation was justified in
awarding the compensation to respondents No.1 to 6 and thereafter,
granting right to recover the same to the appellant from respondent
No.7.
7. The appeal is dismissed. The appellant has deposited the entire
award amount with the Commissioner, Employees' Compensation out
of which 50% amount has been released to respondents No.1 to 6 and
the balance Rs.2,07,430/- is lying in fixed deposit with State Bank of
India, Jail Road, Hari Nagar. The Commissioner, Employees'
Compensation, Hari Nagar is directed to instruct the State Bank of
India, Jail Road, Hari Nagar to discharge the FDR No.35612552040
for Rs.2,07,430/- and release 10% of the amount to respondent No.1.
The balance amount be kept in fixed deposit in the following manner:-
Sr. Duration of Resp. 1 Resp. 3 Resp. 4 Resp. 5 Resp. 6
No. FDR Wife Minor Son Minor Son Minor Minor Son
Daughter
(50%) (10%) (10%) (10%) (10%)
1. 10% of the 10% of the 10% of the 10% of the
amount be amount be amount be amount be
6 months kept in kept in kept in FDR kept in
10% FDR till he FDR till he till she FDR till he
2. 1 yr 10% attains the attains the attains the attains the
age of age of age of age of
3. 1 ½ yrs 10%
majority. majority. majority. majority.
4. 2 yrs 10%
5. 2 ½ yrs 10%
TOTAL 50% 10% 10% 10% 10%
GRAND TOTAL 90%
8. Respondent no.1 shall intimate the particulars of her savings
bank account to State Bank of India, Jail Road, Hari Nagar.
9. The monthly interest on the FDRs of respondents No 1. shall be
credited in her individual savings bank accounts. However, the
monthly interests on the FDRs of the four minors, namely,
respondents No. 3, 4,5 and 6 shall be credited in the savings bank
account of respondent No.1.At the time of maturity, the fixed deposit
amount shall be automatically credited in the individual savings bank
accounts of the beneficiaries.
10. All the original FDRs shall be retained by State Bank of India,
Jail Road, Hari Nagar. However, the photocopies of the same shall be
provided to the claimants/respondents.
11. No cheque book or debit card be issued to the
claimants/respondents without permission of this Court.
12. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
13. The claimants/respondents shall approach theState Bank of
India, Jail Road, Hari Nagar for completing the formalities for the
disbursement of the award amount in terms of this order.
14. State Bank of India, Jail Road, Hari Nagar shall ensure that the
savings bank account of respondent No.1 is an individual account and
not a joint account.
15. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master as well as Mr. Peeyoosh
Kalra, learned standing counsel for GNCTD for compliance.
J.R. MIDHA, J.
OCTOBER 07, 2016
ak
