Delhi High Court
The New India Assurance Co. Ltd. vs Babloo Kumar & Ors. on 16 January, 2017
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th January, 2017
+ MAC.APP.120/2013 & CM No.1962/2013
THE NEW INDIA ASSURANCE CO. LTD...... Appellant
Through: Mr. Shoumik Mazumdar, Adv.
versus
BABLOO KUMAR & ORS. ..... Respondents
Through: Mr. Ashok Kumar, 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.9,44,900/- has been awarded to
respondents No.1 to 3.
2. The accident dated 24th October, 2011 resulted in the death of
Kamla Devi. The deceased was aged 47 years and was survived by
unmarried son, unmarried daughter and a married daughter who filed
the claim petition before the Claims Tribunal. The deceased was
working as a Safai Karamchari and it was claimed that she was
earning Rs.7,500/- per month. The Claims Tribunal took the
minimum wages of Rs.6,656/-, added 30% towards future prospects,
deducted 1/3rd towards personal expenses and applied the multiplier of
13 to compute the loss of dependency as Rs.8,99,900/-. The Claims
Tribunal awarded Rs.25,000/- towards loss of love and affection,
Rs.10,000/- towards loss of estate and Rs.10,000/- towards funeral
expenses. The total compensation awarded by the Claims Tribunal is
Rs.9,44,900/-.
3. Learned counsel for the petitioner urged at the time of hearing
that future prospects of 30% awarded by the Claims Tribunal be set
aside. It is further submitted that personal expenses of 1/3 rd be
increased to 1/2nd. Learned counsel for the appellant further submits
that the Claims Tribunal ought to have framed the issues before
passing the award.
4. There is no merit in the contentions urged by the learned
counsel for the appellant. Since the deceased was aged 47 years, the
addition of 30% towards future prospects is fair and reasonable. The
deceased has left behind three children and therefore, the deduction of
1/3rd towards personal expenses is fair and reasonable. It is noted that
in their written decision before the Claims Tribunal, the appellant had
taken minimum wages of Rs.6,084/- and deducted 1/3rd towards the
personal expenses and applied the multiplier of 13. In that view of the
matter, the plea of reducing the personal expenses is not fair on the
part of the appellant. The perusal of the record of the Claims Tribunal
reveals that the only issue urged before the Claims Tribunal was with
respect to the addition of the future prospects. There is no infirmity in
the award of the Claims Tribunal.
5. The appeal is dismissed. The appellant has deposited the entire
award amount in terms of the order dated 19th July, 2016 out of which
Rs.3,00,000/- has been released to respondents No.1 to 3 and the
balance amount is lying in UCO Bank, Delhi High Court Branch.
6. UCO Bank, Delhi High Court Branch is directed to keep
Rs.9,00,000/- in FDR in the following manner:-
7. Rs.3 lakh in 30 FDRs for Rs.10,000/- each in the name of
respondent No.1 for the period of 1, 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30
months respectively with cumulatively interest.
8. Rs.3 lakh in 30 FDRs for Rs.10,000/- each in the name of
respondent No.2 for the period of 1, 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30
months respectively with cumulatively interest.
9. Rs.3 lakh in 30 FDRs for Rs.10,000/- each in the name of
respondent No.3 for the period of 1, 2, 3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30
months respectively with cumulatively interest.
10. 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 to 3.
11. At the time of maturity, the fixed deposit amount shall be
transferred in the individual savings bank accounts of the
beneficiaries.
12. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
13. The balance amount after keeping the amount of Rs.9,00,000/-
in fixed deposit be released to respondents No.1 to 3 in equal
proportion by transferring the same to their individual savings banks
accounts.
14. Respondents No.1 to 3 shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
15. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of respondents No.1 to 3 are individual
accounts and not joint accounts.
16. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
JANUARY 16, 2017 J.R. MIDHA, J.
ak
