Delhi High Court
Amit Mittal vs Mohd. Tahir & Ors. on 12 January, 2017
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12th January, 2017
+ MAC.APP. 647/2015
AMIT MITTAL ..... Appellant
Through: Mr. Atul Sharma, Adv. along
with appellant in person.
versus
MOHD. TAHIR & ORS. ..... Respondents
Through: Mr. Rohit Dhingra, Mohd.
Nadeem, Advs. for respondents
No.1 and 2.
Mr.(appearance not given),
Adv. for respondent No.4.
Mr. Rakesh Kumar Mittal,
respondent No.5 in person.
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.7,72,308/- has been awarded to
respondents no.1 and 2.
2. On 19th July, 2009 at 8 pm, Mohd. Akram was parking his
rickshaw when he was hit by offending vehicle bearing no. DL 7S AE
5608 which resulted in fatal injuries. The deceased was aged 21 years
and was survived by his parents who filed the claim before the Claims
Tribunal. The Claims Tribunal took minimum wages of Rs.3,934/-,
added 50% towards future prospects, deducted 50% towards personal
expenses and applied the multiplier of 18 to compute the loss of
dependency as Rs.6,37,308/-. The Claims Tribunal awarded Rs.1 lakh
towards loss of love and affection, Rs.10,000/- towards loss of estate,
Rs.25,000/- towards funeral expenses. Total compensation awarded is
Rs.7,72,308/-.
3. The appellant has challenged the award on the ground that the
appellant had sold the offending vehicle to Shri Rakesh Kumar Mittal
before the accident on 5th July, 2009 and at the time of accident, the
offending vehicle was being driven by respondent no.4 who is the son
of the purchaser, Rakesh Kumar Mittal. The delivery receipt and the
letter dated 5th July, 2009 relating to the transfer have been placed on
record as Annexures A-1 and A-2. According to the appellant,
respondent no.4 and his father Rakesh Kumar Mittal are liable to pay
the compensation to respondents no.1 and 2. Without prejudice and in
the alternative, it is submitted that recovery rights be granted to the
appellant to recover the award amount from respondent no.4 and his
father, Rakesh Kumar Mittal. The appellant also seeks impleadment
of Rakesh Kumar Mittal as respondent in this appeal. It is further
submitted that the appellant was proceeded ex parte and therefore, the
appellant's contentions were neither raised nor considered by the
Claims Tribunal.
4. The appellant has deposited a sum of Rs.3,75,000/- with the
Registrar General of this Court in terms of order dated 10th September,
2015. Further sum of Rs.8,25,000/- has been deposited with UCO
Bank, Delhi High Court Branch on 16th December, 2016 in terms of
the order dated 3rd November, 2016.
5. As per the Accounts Officer of this Court, there is a short
deposit of Rs.1,57,734/-. Learned counsel for the appellant submits
that the statutory deposit of Rs.25,000/- be adjusted and the balance
amount would be Rs.1,32,734/-. The appellant has today paid a sum
of Rs.1,32,734/- to respondent no.2 by means of a cheque before this
Court.
6. On the oral prayer of the appellant, Mr. Rakesh Kumar Mittal is
impleaded as respondent no.5 in this appeal. Respondent no.5 is
present in Court and he accepts notice.
7. This Court is of the view that the compensation of Rs.7,72,308/-
awarded by the Claims Tribunal to respondents no.1 and 2 is just, fair
and reasonable, and does not warrant any interference. The award of
compensation of Rs.7,72,308/- is, therefore, upheld. The appellant
being the registered owner of the offending vehicle is held liable to
pay the compensation amount to respondents no.1 and 2 in the first
instance. With respect to the claim of the appellant for recovery rights
against respondents no.4 and 5, the matter is remanded back to the
Claims Tribunal.
8. The Claims Tribunal shall afford an opportunity to the appellant
to file the written statement. The appellant as well as respondents no.4
and 5 are permitted to lead evidence after completion of pleadings.
The Claims Tribunal shall thereafter adjudicate the issue as to whether
the appellant is entitled to recovery rights against respondents no.4
and 5. The appeal is disposed of in the above terms.
9. The Registrar General of this Court is directed to transfer the
statutory amount of Rs.25,000/- to UCO Bank, Delhi High Court
Branch within one week from today.
10. Vide order dated 3rd November, 2016, this Court had directed
UCO Bank, Delhi High Court Branch to disburse the FDR amount of
Rs.3,75,000/- to respondents no.1 and 2. However, the disbursement
has not yet taken place. Paras 4 to 10 of the order dated 3 rd
November, 2016 are modified. UCO Bank, Delhi High Court Branch
is directed to disburse the amount to respondents no.1 and 2 in the
following manner:
(i) UCO Bank shall consolidate the following three amounts:-
(a) The maturity amount of FDR of Rs.4,05,514/- along with
interest thereon (mentioned in para 4 of the order dated
3rd November, 2016);
(b) Rs.8,25,000/- deposited by the appellant on 16th
December, 2016; and
(c) The statutory amount of Rs.25,000/- directed to be sent
by this Court to UCO Bank.
(ii) After consolidating the aforesaid three amounts, UCO Bank,
Delhi High Court Branch shall issue:
(a) 100 FDRs of Rs.6,000/- each in the name of respondent
no.1 for the periods of 1 month to 100 months with
cumulative interest; and
(b) 100 FDRs of Rs.6,000/- each in the name of respondent
no.2 for the periods of 1 month to 100 months with
cumulative interest.
(iii) All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the photocopies of the same shall be
provided to respondents no.1 and 2.
(iv) The maturity amount of the FDRs shall be transferred to the
savings bank accounts of respondents no.1 and 2.
(v) The balance amount after keeping Rs.12 lakh in FDR be
released to respondents no.1 and 2 in equal proportion by transferring
the same to their savings bank accounts. The details of their savings
bank accounts are as under:
Respondent no.1 (Mohd. Tauhid)
A/c no. : 0278104000109901
Bank : IDBI Bank
IFSC : IBKL0000278
MICR : 250259003
Respondent no.2 (Akbari Khatoon)
A/c no. : 0278104000165730
Bank : IDBI Bank
IFSC : IBKL0000278
MICR : 250259003
11. Respondents no.1 and 2 are given liberty to approach this Court
for release of further amount in the event of any financial exigency.
12. The appellant, respondents no.4 and 5 shall appear before the
Claims Tribunal on 21st February, 2017. However, respondents no.1
and 2 are not required to appear before the Claims Tribunal.
13. The Trial Court record be returned back forthwith.
14. This Court appreciates the assistance rendered by learned
counsels for the parties in this matter.
15. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
JANUARY 12, 2017 J.R. MIDHA, J.
Dk
