Delhi High Court
Oriental Insurance Co Ltd vs Madan Singh & Ors on 19 January, 2017
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19th January, 2017
51
+ MAC.APP. 527/2014
ORIENTAL INSURANCE CO LTD ..... Appellant
Through: Mr. J.P.N. Shahi, Advocate
versus
MADAN SINGH & ORS ..... Respondents
Through: Mr. Sanjeev Behl, Advocate for
respondents No.1to 4
55
+ MAC.APP. 152/2016 & C.M. Appl. 5574/2016
MADAN SINGH & ORS ..... Appellant
Through: Mr. Sanjeev Behl, Advocate
versus
RAM KARAN YADAV & ORS. ..... Respondents
Through: Mr. J.P.N. Shahi, Advocate for
respondent No.3
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The parties have challenged the award of the Claims Tribunal
whereby compensation of Rs.5,35,620/- has been awarded to the legal
representatives of Bahader Singh.
2. The accident dated 03rd December, 2010, resulted in the death
of Bahader Singh. The deceased was aged 52 years at the time of the
accident and was an agriculturist. The deceased was survived by one
son and three daughters who filed the claim petition before the Claims
Tribunal. The Claims Tribunal took minimum wages of Rs.5,278/- in
respect of an unskilled worker, added 15% towards inflation, deducted
50% towards personal expenses of the deceased and applied the
multiplier of 11 to compute the loss of dependency as Rs.4,00,620/-.
The Claims Tribunal awarded Rs.1 lakh towards loss of love and
affection, Rs.10,000/- towards loss of estate and Rs.25,000/- towards
funeral expenses. The total compensation awarded by the Claims
Tribunal is Rs.5,35,620/-.
3. The learned counsel for Oriental Insurance Company Limited
urged at the time of hearing that addition of 15% towards inflation be
set aside considering that the deceased was more than 50 years of age.
4. Learned counsel for the claimants urged at the time of the
hearing that the deceased was an agriculturist and was earning
Rs.8,000/- per month apart from the agriculture income. It is further
submitted that the deceased, being an agriculturist, the minimum
wages of a skilled person be taken into consideration. Learned
counsel further seeks the enhancement of compensation under the
heads of loss of love and affection and loss of estate.
5. The Claims Tribunal has taken minimum wages of Rs.5,278/- in
respect of an unskilled person whereas the deceased was a skilled
agriculturist and, therefore, the minimum wages of skilled worker i.e.
Rs.6,448/- are taken into consideration instead of Rs.5,278/-. The
Claims Tribunal has added 15% towards inflation, which is fair and
reasonable and does not warrant any interference. Taking the income
of the deceased as Rs.6,448/-, adding 15% towards inflation,
deducting 50% towards his personal expenses and applying the
multiplier of 11, the loss of dependency is computed as Rs.4,89,403/-.
The Claims Tribunal has awarded Rs.1 lakh towards loss of love and
affection. The deceased has left behind one son and three daughters.
The compensation of Rs.50,000/- is awarded to each of the four
claimants for loss of love and affection. The Claims Tribunal has
awarded Rs.10,000/- towards loss of estate and Rs.25,000/- towards
funeral expenses, which are fair and reasonable. The claimants are
entitled to the total compensation of Rs.7,24,403/- (Rs.4,89,403/- +
Rs.50,000/- x 4 + Rs.10,000/- + Rs.25,000/-).
6. MAC. APP. 152/2016 is allowed and the award amount is
enhanced from Rs.5,35,620/- to Rs.7,24,403/- along with interest @
9% per annum from the date of filing of the claim petition i.e. 23 rd
March, 2011 till realisation. The penal interest of 12% per annum is
set aside. MAC. APP. 527/2014 is dismissed. Pending application is
disposed of.
7. Oriental Insurance Company Limited is directed to deposit the
enhanced award amount with UCO Bank, Delhi High Court Branch by
means of a cheque drawn in the name of UCO Bank A/c Madan Singh
within 30 days.
8. List for disbursement of the award amount on 23rd February,
2017 at 02:30 p.m.
9. The claimant, Madan Singh, shall remain present in Court on
the next date of hearing along with the passbook of the saving bank
accounts of all the four claimants near the place of their residence.
10. Learned counsel for the claimants submits that the disbursement
of the amount already deposited by the insurance company in terms of
para 5 of the order dated 04th November, 2016 has not yet taken place.
This Court is of the view that the fresh disbursement order in respect
of the entire award amount shall be passed on the next date of hearing.
In that view of the matter, para 5 of the order dated 04th November,
2016 is recalled and UCO Bank shall withhold the disbursement in
terms of the order dated 04th November, 2016 till the next date of
hearing. However, UCO Bank shall keep the amount of Rs.4,04,635/-
(Rs.2,67,810/- + Rs.1,36,495/- + Rs.330/-) deposited by Oriental
Insurance Company Limited in fixed deposit in its own name till
further orders so that the said amount earns interest till the
disbursement.
11. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
JANUARY 19, 2017 J.R. MIDHA, J.
rsk
