Delhi High Court
Reliance General Insurance ... vs Charan Kaur & Ors. on 18 August, 2017
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision:18th August, 2017
+ FAO 206/2015
RELIANCE GENERAL INSURANCE
COMPANY LTD. ..... Appellant
Through: Mr.Rajeev M. Roy, Advocate
versus
CHARAN KAUR & ORS. ..... Respondents
Through: Ms.Pratima N. Chauhan, Advocate for
respondent no.1 along with
respondent no.1 in person.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order dated 19th March, 2015
whereby compensation of Rs.7,88,240/- has been awarded to respondent
no.1.
2. On 21st May, 2012, Kuldeep Singh @ Chhinda was driving truck
No.HR-55G-0399 during the course of his employment with respondent
no.2. At about 5.00 A.M. on 21st May, 2012, the aforesaid vehicle
overturned and caught fire at Shivpuri, Madhya Pradesh which resulted in
fatal injuries to the driver. The deceased was survived by his mother who
filed an application for compensation before the Commissioner, Employees'
Compensation which resulted in the award dated 19th March, 2015.
3. Learned counsel for the appellant urged at the time of the hearing that
the driving licence of the deceased was fake and therefore, the appellant is
entitled to recovery rights against respondent no.2.
4. Admit on the issue as to whether the appellant is entitled to recovery
rights against respondent no.2. Notice against respondent no.1 is
discharged.
5. The appellant has deposited Rs.10,81,016/- with the Commissioner,
Employees' Compensation out of which 25% amount has been released to
respondent no.1 and the balance amount of Rs.8,58,550/- is lying in fixed
deposit with State Bank of India, Tis Hazari Court Branch and the maturity
amount as on 16th June, 2017 is Rs.9,22,508/-.
6. Respondent no.1 is present in Court and has produced the passbook of
her savings bank account. The particulars of the savings bank account are as
under:
A/c No.1330000102177896 with Punjab National
Bank, Udonangal (Punjab), V&PO: Udonangal,
Punjab, IFSC Code: PUNB0133000.
7. The Commissioner, Employees' Compensation is directed to instruct
State Bank of India, Tis Hazari Court Branch to disburse the balance amount
to respondent no.1 in the following manner:
(i) Rs.8 lakh be kept in 100 FDRs of Rs.8,000/- each for the period 1
month to 80 months respectively in the name of respondent no.1, Charan
Kaur with cumulative interest.
(ii) The balance amount, after keeping Rs.8 lakhs in FDRs, be released to
respondent no.1 by transferring the same to her aforesaid savings bank
account.
8. All the original FDRs shall be retained by State Bank of India, Tis
Hazari Court Branch. However, the statement containing FDR number,
FDR amount, date of maturity and the maturity amount be furnished to
respondent No.1.
9. No cheque book or debit card be issued to respondent no.1 in respect
of the aforesaid savings bank account of respondent no.1 with Punjab
National Bank, Udonangal, Punjab without permission of this Court and if
the same has already been issued, the Punjab National Bank is directed to
cancel the same forthwith.
10. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
11. List for reporting compliance and hearing on the appellant's claim for
recovery rights on 17th October, 2017.
12. Copy of this judgment be given dasti to counsel for the parties as well
as Mr. Sanjiv Kakra, learned counsel for State Bank of India under the
signature of the Court Master.
AUGUST 18, 2017 J.R. MIDHA, J.
dk
