Delhi High Court
Kusum Devi & Ors vs Shweta Kumari & Ors (Iffco Tokio ... on 15 September, 2016
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th September, 2016
+ MAC.APP. 689/2015 & CM 17771/2015
KUSUM DEVI & ORS ..... Appellants
Through: Mr. Anshuman Bal, Adv.
versus
SHWETA KUMARI & ORS
(IFFCO TOKIO GEN INS CO LTD) ..... Respondents
Through: Mr. Gopesh Tripathi, Adv.
Mr. Shoumik Mazumdar, Adv. for R2
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The accident dated 12th October, 2013 resulted in the death of Rahul.
Rahul was survived by his widow, mother and unmarried brother and sister
who filed the claim petition before the Claims Tribunal.
2. The Claims Tribunal passed the award dated 30th July, 2015 for
Rs.14,00,000/- which amount was deposited by respondent No.2 before the
Claims Tribunal.
3. The appellants are the mother, brother and sister of the deceased
whereas the respondent No.1 is the widow of the deceased. The dispute in
this appeal is with respect to the shares of the appellants and respondent
No.1 in the award amount.
4. Appellant No.1 as well as the respondent No.1 are present in Court
with their respective counsels. The appellant No.1, mother of deceased is
aged about 68 years whereas the respondent No.1. wife of the deceased is
aged about 18 years.
5. This Court is of the view that appellants No.2 and 3, brother and sister
of the deceased, are not entitled to any share in the compensation. With
respect to appellant No.1 and respondent No.1, this Court is of the view that
appellant No.1 is entitled to Rs.4,00,000/- and respondent No.1 is entitled to
Rs.10,00,000/-.
6. The Claims Tribunal has already released Rs.1,00,000/- to respondent
No.1 and the balance amount is lying in fixed deposit with UCO Bank,
Karkardooma Courts Branch.
7. UCO Bank, Karkardooma Courts Branch is directed to disburse
Rs.4,00,000/- along with interest accrued thereon to appellant No.1 by
releasing 10% of the amount to her and the balance 90% amount be kept in
five fixed deposits of equal amount in the name of appellant No.1 for a
period of 1 year, 2 years, 3 years, 4 years and 5 years.
8. The balance amount (after releasing Rs.4,00,00/- and interest thereon
to appellant No.1) be disbursed to respondent No.1 by releasing 10% to her
and the balance amount be kept in nine FDRs of equal amount in the name
of respondent No.1 for a period of 1 year, 2 years, 3 years, 4 years, 5 years,
6 years, 7 years, 8 years and 9 years.
9. The monthly interest on the FDRs of respondents No.1 and appellant
No.1 shall be credited in their respective individual savings bank accounts.
10. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
beneficiaries.
11. All the original FDRs shall be retained by UCO Bank, Karkardooma
Courts Branch. However, the photocopies of the same shall be provided to
the beneficiaries.
12. No cheque book or debit card be issued to the beneficiaries without
permission of this Court.
13. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
14. Appellant No.1 and respondent No.1 shall approach the UCO Bank
for completing the formalities for the disbursement of the award amount in
terms of this judgment.
15. UCO Bank, Karkardooma Courts Branch shall ensure that the savings
bank accounts of respondent No.1 and appellant No.1 are individual
accounts and not joint accounts.
16. The appeal and pending application are disposed of in the above
terms.
17. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
J.R. MIDHA, J.
SEPTEMBER 15, 2016
ak
