Delhi High Court
United India Insurance Company ... vs [email protected] & Ors on 18 October, 2016
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:18th October, 2016
+ MAC.APP. 640/2016 & CM No.29816/2016 (Stay)
UNITED INDIA INSURANCE
COMPANY LIMITED .... Appellant
Through: Mr. Amit Kumar Singh,
Advocate
Versus
[email protected] & ORS ..... Respondents
Through: Mr. R.P.S. Bhatti and Mr. S.S.
Rathi, Advocates
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.23,15,600/- has been awarded to
claimants/respondents No.1 to 4.
2. The accident dated 3rd February 2013 resulted in the death of
Pappu Kumar. The deceased was aged 41 years at the time of the
accident and was working as a driver on contract basis earning
Rs.12,000/- per month. The deceased was survived by his wife and
three minor children, who filed the claims petition before the Claims
Tribunal. The Claims Tribunal added 30% towards future prospects
of the deceased, deducted 1/4th towards personal expenses and applied
the multiplier of 14. The Claims Tribunal awarded Rs.1 lakh towards
loss of love and affection, Rs.1 lakh towards loss of consortium, Rs.1
lakh towards loss of estate and Rs.50,000/- towards funeral expenses.
Total compensation awarded is Rs.23,15,600/-.
3. Learned counsel for the appellant urged at the time of hearing of
appeal that the future prospects should not be taken into consideration
and the compensation awarded under the heads of love and affection,
consortium and estate be reduced.
4. On careful consideration of the submissions made by learned
counsel for the appellant, the Court is of the view that the
compensation awarded by the Claims Tribunal is just, fair and
reasonable. The Claims Tribunal has rightly awarded the future
prospects @ 30% to the respondents. The compensation awarded
under the heads of loss of love and affection, consortium and estate
are also just, fair and reasonable.
5. The appeal is dismissed. The appellant has deposited
Rs.26,13,479/- with UCO Bank, Delhi High Court branch in terms of
order dated 17th August 2016.
6. UCO Bank, Delhi High Court branch is directed to keep a sum
of Rs.25 lakhs in fixed deposit in the following manner:-
Sr. Duratio Resp. 1 Resp. 2 Resp. 3 Resp. 4
No. n of Subhadara Sumit Soniya Mayank
FDR (Wife) (Son) (Daughter) (Son)
FDR FDR amount FDR amount FDR amount
amount (Rs.) (Rs.) (Rs.)
(Rs.)
1. 1 yr 1,00,000/- Rs.5,00,000/- be kept Rs.5,00,000/- be kept Rs.5,00,000/- be kept
in FDR till he attains in FDR till she attains in FDR till he attains
2. 2 yrs 1,00,000/- the age of majority. the age of majority. the age of majority.
3. 3 yrs 1,00,000/-
On attaining On attaining majority On attaining majority
4. 4 yrs 1,00,000/- majority, Rs.1,00,000/- shall be Rs.1,00,000/- shall be
Rs.1,00,000/- shall be released and balance released and balance
5. 5 yrs 1,00,000/- released and balance Rs.4,00,000/- be kept Rs.4,00,000/- be kept
6. 6 yrs 1,00,000/- Rs.4,00,000/- be kept in 4 FDRs of equal in 4 FDRs of equal
in 4 FDRs of equal amount for a period amount for a period
7. 7 yrs 1,00,000/- amount for a period of 1 year, 2 years, 3 of 1 year, 2 years, 3
of 1 year, 2 years, 3 years and 4 years. years and 4 years.
8. 8 yrs 1,00,000/-
years and 4 years.
9. 9 yrs 1,00,000/-
10. 10 yrs 1,00,000/-
TOTAL 10,00,000/- 5,00,000/- 5,00,000/- 5,00,000/-
GRAND TOTAL 25,00,000/-
7. The balance amount, after keeping Rs.25 lakhs in fixed deposit,
be released to respondent No.1 by transferring the said amount in
savings bank account No.20780110097410, UCO Bank, Karkardooma
Court Branch, Delhi.
8. The monthly interest on all the FDRs shall be paid to
respondent No.1 by transferring the said amount to her individual
savings bank account.
9. At the time of maturity, the fixed deposit amount shall be
automatically credited in the savings bank accounts of the
claimants/beneficiaries.
10. All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the photocopies of the same shall be
provided to the respondent No.1.
11. No cheque book or debit card be issued to the respondent No.1
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 respondent No.1 shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
14. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank account of respondent No.1 is individual account and not
joint account.
15. Respondent No.1 is at liberty to approach this Court for release
of further amount in case of any financial exigency.
16. The statutory amount be refunded back to the appellant.
17. CM No.29816/2016 is disposed of.
18. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
OCTOBER 18, 2016 J.R. MIDHA, J.
Aj
