Haryana Roadways Thr Gm/ Depot ... vs Mukesh Kumar & Ors
2016 Latest Caselaw 5939 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Date of Decision: 09th September, 2016

+     MAC.APP. 475/2016

      HARYANA ROADWAYS
      THR GM/ DEPOT MANAGER                   ..... Appellant
                   Through: Mr. Vikram Saini and Ms. Chhaya
                            Sharma, Advs.
                   versus

      MUKESH KUMAR & ORS                                 ..... Respondents
                 Through:              Mr. Anshuman Bal, Adv. for R1 and
                                       R2.
                                       Mr. P.K. Seth, Adv. for R3.
      CORAM:
      HON'BLE MR. JUSTICE J.R. MIDHA

                          JUDGMENT (ORAL)

1. The appellant has challenged the award dated 10th March, 2016 on the limited ground that the offending vehicle was validly insured by the appellant with New India Insurance Company Limited and, therefore, the liability to pay the award should have been fastened by the Claims Tribunal on the New India Insurance Company Limited.

2. Learned counsel for New India Insurance Company Limited admits on instructions that the offending vehicle was validly insured and, therefore the respondents No.3 is liable to satisfy the award.

3. The appeal is allowed and the liability to satisfy the award is shifted from the appellant to respondent No.3.

4. The appellant has deposited Rs.5,71,722/- with UCO Bank, Delhi High Court Branch in terms of the order dated 02nd August, 2016. In that view of the matter, respondent No.3 New India Insurance Company Limited shall make the payment of Rs.5,71,722/- to the appellant through their

counsel within a period of four weeks.

5. UCO Bank is directed to keep Rs.5,00,000/- in fixed deposit in the following manner:-

        Sr.    Duration of FDR     Resp. 1           Resp. 2
        No.                      FDR amount        FDR amount
                                    (Rs.)             (Rs.)
       1.          6 months        25,000/-         25,000/-

       2.            1 year         25,000/-         25,000/-

       3.          1 ½ years        25,000/-         25,000/-

       4.           2 years         25,000/-         25,000/-

       5.          2 ½ years        25,000/-         25,000/-

       6.           3 years         25,000/-         25,000/-

       7.          3 ½ years        25,000/-         25,000/-

       8.           4 years         25,000/-         25,000/-

       9.          4 ½ years        25,000/-         25,000/-

       10.          5 years         25,000/-         25,000/-

              TOTAL                 2,50,000/-      2,50,000/-
                      GRAND TOTAL                   5,00,000/-

6. UCO Bank shall release the balance amount, after issuing FDRs for Rs.5 lakh, to respondents No.1 and 2 in equal shares by transferring the same to their individual savings bank accounts.

7. The monthly interest on all the FDRs shall be paid to respondent No.1 and 2 by transferring the same to their individual savings bank accounts.

8. At the time of maturity, the fixed deposit amount shall be automatically credited in the individual savings bank accounts of respondents No.1 and 2.

9. 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.

10. No cheque book or debit card be issued to the claimants/respondents without permission of this Court.

11. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

12. The claimants/respondents shall approach the UCO Bank for completing the formalities for the disbursement of the award amount in terms of this order.

13. UCO Bank, Delhi High Court Branch shall ensure that the savings bank accounts of respondents are individual accounts and not joint accounts.

14. The respondents are at liberty to approach this Court for release of further amount in case of any financial exigency.

15. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 09, 2016 ak