Delhi High Court
New India Assurance Co Ltd vs Madhu Saini & Ors on 15 September, 2016
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th September, 2016
+ MAC.APP. 949/2012 & CM No.14936/2012
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. L.K. Tyagi, Adv.
versus
MADHU SAINI & ORS ..... Respondents
Through: Mr. Navneet Goyal, Adv. for R1 to
R3.
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.18,55,000/- has been awarded to
claimants/respondents No.1 to 3.
2. The accident dated 22nd April, 2008 resulted in death of Gagender
Saini. The deceased was aged 38 years at the time of the accident and was
working as a professional photographer at M/s Grandlay News &
Entertainment. The deceased was also working as part-time photographer
with K.K. Video & Studios. The Claims Tribunal took the income of the
deceased as Rs.10,000/- per month, added 50% towards future prospects,
deducted 1/3rd towards his personal expenses and applied multiplier of 15 to
compute of loss of dependency as Rs.18,00,000/-. The Claims Tribunal
awarded Rs.25,000/- towards love and affection, Rs.10,000/- towards loss of
consortium, Rs.10,000/- loss of estate and Rs.10,000/- towards funeral
expenses. Total compensation of Rs.18,55,000/- is awarded by the Claims
Tribunal.
3. Learned counsel for the appellant urged at the time of the hearing of
the appeal that income of the deceased has not been proved by any
documentary evidence and, therefore, the minimum wages should be applied
to compute the loss of income. It is further submitted that the future
prospects should not be added to the income of the deceased.
4. The widow of the deceased appeared in the witness box as PW-1 and
deposed that her husband was working with M/s Grandlay News &
Entertainment earning salary of Rs.10,000/- per month. She further deposed
that her husband was a part-time photographer with K.K. Video & Studio.
She proved the certificate of the employer as Ex.PW1/9 and Ex.PW1/10.
The proprietor of M/s Grandlay News & Entertainment appeared in the
witness box and deposed that the deceased was working as a photographer
and V.T. Editor from April, 2004 to 21st April, 2008 and was drawing salary
of Rs.10,000/- per month. PW-2 proved the salary certificate as Ex.PW1/9
issued by him. The designation of the deceased has been mentioned as
Photographer, D.C. Office on I-Card (Ex.PW2/B) issued by Govt. of NCT
of Delhi signed by the then Chief Minister, Ms. Sheila Dikshit.
5. This Court is of the view that the compensation awarded to the
claimants is just, fair and reasonable. There is no infirmity in the Claims
Tribunal taking the income of the deceased according to his salary and
adding future prospects of 50% considering that the deceased was 38 years
at the time of the accident.
6. The appeal is dismissed. The appellant has deposited the entire award
amount with UCO Bank, Delhi High Court Branch in terms of the order
dated 29th August, 2012, out of which 50% amount has already been
released to the claimants and the balance amount is lying in fixed deposit
with UCO Bank, Delhi High Court Branch.
7. The UCO Bank, Delhi High Court Branch is directed to keep
Rs.12,00,000/- in fixed deposit in the following manner: -
Sr. Duration of Resp. 1 Resp. 2 Resp. 3
No. FDR Widow Son Minor Daugher
(Rs.) (Rs.) (Rs.)
1. 1 yr 50,000/- 50,000/- Rs. 5 lakh be kept in
FDR till she attains
2. 2 yrs 50,000/- 50,000/- the age of majority.
3. 3 yrs 50,000/- 50,000/-
On maturity, Rs.1
4. 4 yrs 50,000/- 50,000/- lakh be released to
her and be kept Rs.
5. 5 yrs 50,000/- 50,000/- 4 lakh in 4 FDRs of
Rs. 1 lakh each for a
6. 6 yrs 50,000/- 50,000/-
period of 1 year, 2
7. 7 yrs 50,000/- - years, 3 years and 4
years.
8. 8 yrs 50,000/- -
TOTAL 4,00,000/- 3,00,000/- 5,00,000/-
GRAND TOTAL 12,00,000/-
8. The respondents No.1 and 2 shall intimate the particulars of their
savings bank accounts to UCO Bank, Delhi High Court Branch.
9. The monthly interest on the FDRs of respondents No.1 and 2 shall be
credited in their individual savings bank accounts. However, the monthly
interest on the FDR of the minor, namely, respondent No. 3 shall be credited
in the savings bank account of respondent No.1.
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, Delhi High
Court Branch. However, the photocopies of the same shall be provided to
the claimants/respondents no. 1 to 3.
12. No cheque book or debit card be issued to the claimants/respondents
no. 1 to 3 without permission of this Court.
13. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
14. 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 judgment.
15. UCO Bank, Delhi High Court Branch shall ensure that the savings
bank accounts of respondents No.1 and 2 are individual accounts and not
joint accounts.
16. The pending application is disposed of.
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
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