Delhi High Court
New India Assurance Co Ltd vs Rajan Devi & Ors on 19 October, 2016
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:19th October, 2016
+ MAC.APP. 650/2015 & CM 15425/2015
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. Salil Paul, Advocate.
versus
RAJAN DEVI & ORS ..... Respondents
Through: Mr. Shyam Singh Sisodia,
Advocate for respondents no. 1
to 7.
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.14,17,963/- has been awarded to
claimants / respondents no. 1 to 7.
2. The accident dated 14th February, 2012 resulted in the death of
Paras Ram. The deceased was aged 41 years at the time of the
accident and was survived of his widow, three minor daughters, one
minor son and parents, who filed the claim petition before the Claims
Tribunal. The deceased was working as a salesman and it was claimed
that he was earning Rs.10,000/- per month.
3. The Claims Tribunal took maximum wages of Rs. 6656/- in
respect of an unskilled worker, added 30% towards future prospects,
deducted 1/5th personal expenses and applied the multiplier of 14 to
compute the loss of dependency at Rs.11,62,963/-. The Claims
Tribunal awarded Rs.1,00.000/- towards loss of love and affection,
Rs.1,00,000/- towards loss of consortium, Rs.10,000/- towards loss of
estate, Rs.25,000/- towards funeral expenses and Rs.20,000/- towards
cost of litigation. Total compensation awarded is Rs.14,17,963/-.
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 to compute the loss of dependency. It is further
submitted that the appellant is entitled to recovery rights against
respondents No. 8 and 9 on the ground that the driver of the offending
vehicle was not authorized to drive with the vehicle carrying
hazardous goods. It is further submitted that the permit did not
authorize the offending vehicle to carry the hazardous goods.
5. Respondent no. 1 (widow) and respondent no. 7 (mother) of the
deceased are present in the Court along with their counsel and they
submit that the deceased was the only earning member in the family. It
is further submitted that the father of the deceased (Respondent no. 6)
has also expired. It is submitted that respondents are unable to sustain
themselves.
6. This court is of the view that even if future prospects are not
taken into consideration, the compensation awarded by the Claims
Tribunal does not warrant any reduction considering that the deceased
left behind seven legal representatives and the deduction of 1/5th of the
minimum wages towards the personal expenses of the deceased was
not justified. This Court is of the view that the compensation awarded
to the claimants / respondents is just, fair and reasonable.
7. With respect to the appellants claim for recovery rights, the
Claims Tribunal has rejected the appellant's prayer on the ground that
there was no evidence to show that the offending vehicle was carrying
hazardous goods or cylinders at the time of accident. There is no
infirmity in the findings of the Claims Tribunal.
8. The appeal is dismissed. The appellant has deposited the entire
award amount with the Registrar General of this Court interim order
dated 02nd September, 2015, out of which 50% has been released to
the claimants and the balance amount is lying in fixed deposits.
9. The Registrar General is directed to instruct the UCO Bank to
keep Rs.8,00,000/- in fixed deposit in the following manner following
manner:
Sr. Duration Resp. 1 Resp. 7 Resp. 2 Resp. 3 Resp. 4 Resp. 5
No of FDR (Widow) (mother) (Minor (Minor (Minor son) (Minor
FDR FDR daughter) daughter) FDR amount daughter)
amount amount FDR amount FDR amount (Rs.) FDR amount
(Rs.) (Rs.) (Rs.) (Rs.) (Rs.)
1. 1 yr 20,000/- 25,000/- Rs.1,00,000/- Rs.1,00,000/ Rs.1,00,000/ Rs.1,00,000/-
be kept in be kept in be kept in be kept in
2. 2 yrs 20,000/- 25,000/- FDR till she FDR till she FDR till he FDR till she
3. 3 yrs 20,000/- 25,000/- attains the age attains the age attains the age attains the age
of majority. of majority. of majority. of majority.
4. 4 yrs 20,000/- 25,000/-
5. 5 yrs 20,000/- 25,000/- On attaining On attaining On attaining On attaining
majority, majority, majority, majority,
6. 6 yrs 20,000/- 25,000/- UCO Bank UCO Bank UCO Bank UCO Bank
7. 7 yrs 20,000/- 25,000/- shall release shall release shall release shall release
Rs.25,000/- to Rs.25,000/- to Rs.25,000/- to Rs.25,000/- to
8. 8 yrs 20,000/- 25,000/- her and keep her and keep him and keep her and keep
the balance the balance the balance the balance
9. 9 yrs 20,000/- -
amount in 3 amount in 3 amount in 3 amount in 3
10. 10yrs 20,000/- - FDRs of FDRs of FDRs of FDRs of
Rs.25,000/- Rs.25,000/- Rs.25,000/- Rs.25,000/-
each for a each for a each for a each for a
period of 1 period of 1 period of 1 period of 1
year, 2 years year, 2 years year, 2 years year, 2 years
and 3 years. and 3 years. and 3 years. and 3 years.
TOTAL 2,00,000/- 1,00,000/- 1,00,000/- 1,00,000/- 1,00,000/-
GRAND TOTAL 8,00,000/-
10. The balance amount after keeping Rs.8,00,000/- in fixed deposit
be released to respondents no. 1 and 7 in equal shares by transferring
the same to their individual savings bank accounts.
11. The monthly interest on the FDRs of respondent Nos.1 and 7
shall be paid to the respondents by transferring the said amount to
their individual savings bank accounts. The interest on the FDRs of
respondents No.2, 3, 4 and 5 shall be credited in 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
claimants/beneficiaries.
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 the claimants/beneficiaries.
14. No cheque book or debit card be issued to the
claimants/respondents 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 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 are individual accounts and not
joint accounts.
18. The respondents are at liberty to approach this Court for release
of further amount in case of any financial exigency.
19. The statutory amount be refunded back the appellant.
20. Pending application disposed of.
21. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
OCTOBER 19, 2016 J.R. MIDHA, J.
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