Delhi High Court
The Oriental Insurance Co. Ltd. vs Bego Khatooon & Ors. on 11 January, 2017
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th January, 2017
+ MAC.APP. 450/2014
THE ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. Pavan Kumar proxy for Mr.
A.K. Soni, Advocate
versus
BEGO KHATOOON & ORS. ..... Respondents
Through: Mr. R.K. Bachchan, Advocate
for respondents No.1 and 2
Mr. Gopesh Tripathi, Advocate
for respondents No.3 and 4
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.17,51,320/- has been awarded to
respondents.
2. The accident dated 23rd September, 2012 resulted in the death of
Mohd. Ishtaq. The deceased was aged 25 years at the time of the
accident and was survived by his widow, minor child and parents, who
filed the claim petition before the Claims Tribunal. The Claims
Tribunal took the minimum wages of Rs.7,020/-, added 50% towards
inflation, deducted 1/3rd towards personal expenses and applied the
multiplier of 18 to compute the loss of dependency of Rs.15,16,320/-.
The Claims Tribunal awarded Rs.1 lakh towards loss of love and
affection, Rs.10,000/- towards loss of estate, Rs.1 lakh towards loss of
consortium and Rs.25,000/- towards funeral expenses. The total
compensation awarded is Rs.17,51,320/-
3. Learned counsel for the appellant urged at the time of hearing
that the minimum wages of Uttar Pradesh be taken into consideration
and the addition of 50% towards future prospects be set aside. It is
further submitted that the compensation under the head of loss of
consortium and loss of love and affection is on a higher side.
4. There is no merit in the contentions urged by learned counsel
for the appellant. The deceased was plying rickshaw on the Delhi
border near Sahibabad and therefore, there is no infirmity in taking the
minimum wages of Delhi. The addition of 50% towards future
prospects is fair and reasonable and does not warrant any interference.
5. There is no merit in this appeal which is hereby dismissed.
6. The appellant has deposited the entire award amount with the
Registrar General of this Court out of which 80% amount has already
been released to the respondents and balance 20% is lying in the fixed
deposit.
7. As per the report dated 10th January, 2017 sent by UCO Bank,
Delhi High Court Branch, a sum of Rs.3,90,520/- is lying in FDR
No.15530310458297 in the name of Registrar General of this Court in
which the balance as on 10th January, 2017 is Rs.4,78,478/-. The
Registrar General is directed to disburse the aforesaid amount by
instructing UCO Bank, Delhi High Court Branch to discharge the
FDR and issue fresh FDRs for Rs.4,00,000/- in the names of
respondents in the following manner: -
(i) 32 FDRs of Rs.5,000/- each (total Rs.1,60,000/-) in the name of
respondent No.1, Smt. Bego Khatoon, for the periods 1 month
to 32 months respectively with cumulative interest;
(ii) 8 FDRs of Rs.5,000/- each (total Rs.40,000/-) in the name of
respondent No.3, Mamtaj Miyan, for the periods 1 month to 8
months respectively with cumulative interest.
(iii) 24 FDRs of Rs.5,000/- each (total Rs.1,20,000/-) in the name of
respondent No.4, Mashina Khatoon, for the periods 1 month to
24 months respectively with cumulative interest.
(iv) One FDR of Rs.80,000/- in the name of respondent No.2
(minor) till he attains the age of majority with cumulative
interest. On attaining majority, the bank shall release 20% of
the maturity amount to respondent No.2 and keep the balance in
four FDRs of equal amount for the periods 1 year, 2 years, 3
years and 4 years respectively with cumulative interest.
8. The original FDRs shall remain with UCO Bank, Delhi High
Court Branch. However, the photocopies thereof shall be given to
respondents No.1, 3 and 4.
9. Upon maturity, the amount of the FDRs of respondents No.1, 3
and 4 shall be transferred to their savings bank account near the place
of their residence in Bihar. Respondents No.1, 3 and 4 shall furnish
the particulars of their savings bank account to UCO Bank, Delhi
High Court Branch within three weeks from today.
10. The balance amount, after keeping Rs.4 lakh in fixed deposits
be released to respondents No.1, 3 and 4 in equal shares by
transferring the same to their savings bank account as per the
particulars given hereinbelow: -
(i) Respondent No.1 - Bego Khatoon
Savings Bank Account No.20780110054048
UCO Bank, Karkardooma Courts Branch, Delhi.
(ii) Respondent No.3 (Mamtaj Miyan) and
Respondent No.4 (Mashina Khatoon)
Joint Savings Bank Account No.34134639599
State Bank of India, Dhamdaha Branch, Purnea, Bihar.
11. As per the report of UCO Bank, a sum of Rs.3,12,416/- is lying
in FDR No.155303100458303 in the name of respondent No.2 minor.
This FDR shall continue till respondent No.2 attains majority. Upon
attaining majority, UCO Bank, Delhi High Court Branch shall release
10% amount to respondent No.2 and keep the balance amount in
monthly FDRs of Rs.10,000/- each for the period 1 month onwards
with cumulative interest so that respondent No.2 gets Rs.10,000/-
along with cumulative interest thereon every month.
12. List for reporting compliance on 10th April, 2017.
13. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
JANUARY 11, 2017 J.R. MIDHA, J.
rsk
