Delhi High Court
United India Insurance Co. Ltd vs Somenath Bhattacharya & Ors on 6 September, 2016
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06th September, 2016
+ MAC.APP. 935/2013 and C.M. Appl. 21068/2016
UNITED INDIA INSURANCE CO. LTD ..... Appellant
Through: Mr. Abhishek K. Gola, Mr. C.K. Gola
and Mr. Sheetanshu, Advs.
versus
SOMENATH BHATTACHARYA & ORS ..... Respondents
Through: Mr. Gurmit Singh Hans, Ms. Aarti
Manchanda and Ms. Richa Verma,
Advs. for R1 to R2.
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.23,17,800/- has been awarded to the
claimants/respondents No.1 to 3. The appellant seeks reduction of the award
amount.
2. On 05th October, 2011 at about 11:20 pm, Sanjeev Bhattacharya was
going on his motorcycle on the Ring Road, when he hit a stationary Tata
Indigo car bearing No.DL-1RY-2585 parked in the middle of the road
without any parking lights and indicator which resulted in fatal injuries. The
deceased was aged 28 years at the time of the accident and was survived by
his parents who filed the claim petition before the Claims Tribunal. The
deceased was working as a salesman and was drawing salary of Rs.10,700/-
per month. The Claims Tribunal added 50% towards future prospects,
deducted 1/3rd towards his personal expenses and applied the multiplier of
17 to compute loss of dependency as Rs.21,82,800/-, Rs.1,00,000/- has been
awarded towards the loss of love and affection, Rs.10,000/- towards the loss
of estate and Rs.25,000/- towards funeral expenses. The total compensation
of Rs.23,17,800/- has been awarded by the Claims Tribunal.
3. Learned counsel for the appellant has urged at the time of the hearing
of the appeal that the deceased was contributory negligent and, therefore,
compensation is liable to be reduced on account of the contributory
negligence. It is further submitted that the multiplier should be applied
according to the age of the mother of the deceased instead of age of the
deceased.
4. Learned counsel for the claimants/respondents No.1 and 2 disputes
that the deceased was in any manner contributory negligent, as it was not
possible for the deceased to have been aware of offending vehicle position
because the offending vehicle was parked on the elevation of the flyover
without any parking signs.
5. There is merit in the contentions urged by the learned counsel for the
appellant. Since the offending vehicle was stationary, 100% negligence
cannot be attributed to the offending vehicle. Taking into consideration all
the grounds urged by learned counsel for the appellant, this Court is of the
view that the compensation awarded by the Claims Tribunal is liable to be
reduced by Rs.5,00,000/-.
6. The appeal is allowed and the award of the Claims Tribunal is
reduced from Rs.23,17,800/- to Rs.18,17,800/- along with interest @ 9% per
annum from the date of the filing of the claim petition i.e. 07th December,
2011 up to realisation.
7. The appellant has deposited Rs.27,17,620/- on 18th November, 2013
out of which Rs.7,00,000/- has been released to respondents No.1 and 2.
Rs.22,73,170/- is lying in FDR No.15530310537749 and the amount as on
30th June 2016 as per the Manager of UCO Bank, Delhi High Court is
Rs.24,52,718/-.
8. As per the calculation done by the Accounts Officer, a sum of
Rs.7,45,294/- is liable to be refunded back to the appellant (Rs.5,00,000/-
towards the principal amount and Rs.88,099/- towards the interest @ 9% per
annum upto the date of deposit of the award amount and interest given by
the bank on the FDR thereafter (Rs.1,10,094/- towards the interest @8.75%
from 23th November 2013 to 29th May 2015, Rs.2,188/- towards the interest
@5.25% from 30th May 2015 to 1st July 2015, Rs.20,000/- towards the
interest @8% from 2nd July 2015 to 1st January 2016, Rs.18,375/- towards
the interest @7.35% from 2nd January 2016 to 1st July 2016 and Rs.6,538/-
towards the interest @7.25% from 2nd July 2016 to till date).
9. The Registrar General is directed to refund Rs.7,45,294/- to the
appellant within a period of 4 weeks. The statutory amount deposited by the
appellant be also refunded back to the appellant.
10. The Registrar General is directed to instruct the UCO Bank, Delhi
High Court Branch to release 10% of the balance amount lying in the FDR
No.15530310537749 to respondents No.1 and 2 in equal shares by
transferring the same to their individual savings bank accounts and keep
90% amount in fixed deposits in the following manner:
Sr. No. Duration of FDR Resp. 1 (%) Resp. 2 (%)
1. 1 year 4% 5%
2. 2 years 4% 5%
3. 3 years 4% 5%
4. 4 years 4% 5%
5. 5 years 4% 5%
6. 6 years 4% 5%
7. 7 years 4% 5%
8. 8 years 4% 5%
9. 9 years 4% 5%
10. 10 years 4% 5%
TOTAL 40% 50%
GRAND TOTAL 90%
11. Respondents No.1 & 2 shall approach the UCO Bank, Delhi High
Court Branch for completing the formalities for the disbursement of the
award in terms of this order.
12. The monthly interest on the FDRs of respondents No.1 and 2 shall be
credited in their individual savings bank accounts.
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 UCO Bank, Delhi High
Court Branch. However, the photocopies of the same shall be provided to
the claimants/respondents No.1 and 2.
15. No cheque book or debit card be issued to the claimants/respondents
No.1 & 2 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 No.1 and 2 shall approach the UCO Bank
for completing the formalities for the disbursement of the award amount in
terms of this order.
18. UCO Bank, Delhi High Court Branch shall ensure that the savings
bank accounts of respondents are individual accounts and not joint accounts.
19. C.M. Appl. 21068/2016 is disposed of.
20. Copy of this judgement be given dasti to learned counsels for the
parties under signature of Court Master.
J.R. MIDHA, J.
SEPTEMBER 06, 2016
ak/rsk
