Delhi High Court
Bajaj Allianz General Insurane Co ... vs Maya Devi & Ors on 24 October, 2016
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24th October, 2016
+ MAC.APP. 512/2015 and C.M. Appl. Nos.11614/2015 &
14066/2016
BAJAJ ALLIANZ GENERAL
INSURANE CO LTD. .... Appellant
Through: Mr. Rajat Brar, Advocate
versus
MAYA DEVI & ORS ..... Respondents
Through: Mr. Niteshwar Singh and
Mr.Amreshwar Singh,
Advocates 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.11,49,556/- has been awarded to
claimants/respondents No.1 to 6.
2. The accident dated 01st June, 2008 resulted in the death of Om
Prakash. The deceased was 54 years of age at the time of accident and
was working as a cart-seller. The Claims Tribunal took minimum
wages as income of the deceased, added 30% towards inflation,
deducted 1/3rd towards his personal expenses and applied the
multiplier of 11 to compute the loss of dependency of Rs.4,79,556/-.
The Claims Tribunal awarded Rs.25,000/- towards medical expenses,
Rs.6,00,000/- towards loss of love and affection, Rs.10,000/- towards
loss of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/-
towards funeral expenses. The total compensation awarded is
Rs.11,49,556/-
3. Learned counsel for the appellant urged at the time of hearing of
this appeal that the compensation awarded under the heads of loss of
love and affection be reduced to Rs.1 lakh; the addition of 30%
towards inflation be set aside, and the recovery rights be given to the
appellant as the offending vehicle was being driven by a minor.
4. Learned counsel for the respondents submits that compensation
awarded under the head of loss of consortium be enhanced.
5. This Court is of the view that the compensation awarded under
the head of loss of love and affection warrants reduction. The
compensation of loss of love and affection is reduced from
Rs.6,00,000/- to Rs.2,00,000/-. The compensation awarded under the
head of loss of consortium is enhanced from Rs.10,000/- to
Rs.1,00,000/-. There is no infirmity in addition of 30% towards
inflation on the minimum wages. The offending vehicle was driven
by a minor at the time of accident and, therefore, the appellant is
granted recovery rights against respondents No.7 and 8.
6. The appeal is allowed and the award amount is reduced from
Rs.11,49,556/- to Rs.8,39,556/- along with interest @ 9% per annum
from date of filing of petition. As the driver of offending vehicle was
minor at the time of the accident, the appellant are granted recovery
rights to recover the award amount from respondents no.7 and 8.
7. The appellant has deposited Rs.18,55,068/- with the Registrar
General of this Court which is lying in fixed deposit.
8. The appellants are entitled to Rs.8,59,556/- along with interest
thereon which as on today comes to Rs.14,49,005/-and the balance
amount of Rs.4,06,063/- is to be refunded to the appellant, as per the
calculation done by the Accounts Officer of this Court. The Registrar
General is directed to instruct UCO Bank, Delhi High Court Branch to
refund Rs.4,06,063/- as well as the statutory amount to the appellant.
9. The Registrar General is further directed to instruct UCO Bank
to disburse Rs.14,49,005/- by keeping Rs.13 lakh in FDRs in the
following manner:
Sr. Duration Resp. 1 Resp. 2 Resp. 3 Resp. 4 Resp. 5 Resp. 6
No. of FDR Widow Son Son Daughter Daughter Daughter
(in Rs.) (in Rs.) (in Rs.) (in Rs.) (in Rs.) (in Rs.)
1. 1 yr 1,00,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/-
2. 2 yrs 1,00,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/-
3. 3 yrs 1,00,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/-
4. 4 yrs 1,00,000/- - - - - -
5. 5 yrs 1,00,000/- - - - - -
6. 6 yrs 1,00,000/- - - - - -
7. 7 yrs 1,00,000/- - - - - -
TOTAL 7,00,000/- 1,20,000/- 1,20,000/- 1,20,000/- 1,20,000/- 1,20,000/-
GRAND TOTAL Rs.13,00,000/-
10. The balance, amount after keeping Rs.13,00,000/- in FDRs, be
released to respondents No.1 to 6 by transferring the same to their
individual savings bank accounts in equal shares.
11. The monthly interest on the FDRs of the respondents shall be
credited to their individual savings bank accounts.
12. At the time of maturity, the fixed deposit amount shall be
credited in the savings bank accounts of the 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 respondents/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, Delhi
High Court Branch for completing the formalities for the disbursement
of the award amount in terms of this order.
17. The 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/claimants are at liberty to approach this Court
for release of further amount in case of any financial exigency.
19. Appeal and the pending applications are disposed of.
20. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
OCTOBER 24, 2016 J.R. MIDHA, J.
rsk
