Delhi High Court
The New India Assurance Commpany ... vs Fullo Shah & Anr. on 25 July, 2017
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 25th July, 2017
+ FAO 315/2016 & CM Nos.31852/2016 and 32508/2016
THE NEW INDIA ASSURANCE COMMPANY LTD...... Appellant
Through: Mr.J.P.N. Shahi, Advocate
versus
FULLO SHAH & ANR. ..... Respondents
Through: Mr.Pratap Singh, Advocate for
respondents no.1 and 1A
Mr. Gopal Singh, Mr. Shreyas Jain,
Advocates for State of Bihar
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order dated 29th December, 2015
whereby compensation of Rs.8,61,120/- has been awarded to respondent
No.1.
2. On 06th October, 2013 at about 04.30 AM, Ramnand Raj @ Badhe Lal
was driving truck bearing No. HR-46-B-7194 under the employment of
respondent No.2 while returning from Delhi to Bhiwani. The rear tyre of the
aforesaid vehicle got punctured near Punjab Kesri Building on Ring Road,
Delhi and the cleaner of the truck was changing the tyre whereas the driver,
Ramnand Raj was helping him when another vehicle came from Azadpur
side and hit both of them. The driver, Ramnand Raj suffered fatal injuries.
The Police registered FIR No.449/2013 dated 06th October, 2013 with P.S.
Subhash Place, District North-West Delhi.
3. The deceased was survived by his parents who filed the application
for compensation before the Commissioner, Employees' Compensation.
The appellant has not impleaded Jaymala Devi (mother of the deceased) who
was appellant no.2 before the Commissioner, Employees' Compensation.
On the oral prayer of learned counsel for the appellant, Jaymala Devi is
impleaded as respondent no.1A. Amended memo of parties be filed within
three days.
4. The aforesaid vehicle was insured with the appellant. The insurance
policy covered the liability in respect of the driver and the cleaner under the
Employee's Compensation Act.
5. The appellant contested the claim mainly on the ground that the driver
was not holding a valid driving licence at the time of the accident.
6. The Commissioner, Employees' Compensation held that the deceased
was employed with respondent No.2 at the time of the accident; the accident
arose out of and during the course of driver's employment with respondent
No.2 and the vehicle was validly insured with the appellant. The
Commissioner, Employees' Compensation awarded compensation of
Rs.8,61,120/- to respondent No.1.
7. Learned counsel for the appellant submits that the driving licence of
the driver was fake. It is submitted that the appellant examined three
witnesses to prove the aforesaid contention. The appellant examined, Mr.
Vikas Kumar, Administrative Officer who proved the copy of the insurance
policy as Ex.R.2W-1/A; report of the Transport Authority, Bulandshahr as
Ex.R.2W-1/B, copy of the licence as Ex.R.2W-1/C and notice under Order
XII Rule 8 CPC as Ex.R.2W-1/D. The appellant examined Ajay Pal Singh
from the Licence Authority, Bulandshahr as Ex.R2W3 who produced the
licence register and deposed that no licence has been issued in the name of
the deceased driver and the licence bearing No.P-191416 produced by the
driver was not issued by the Licence Authority, Bulandshahr and was fake.
The appellant also examined the Investigator, Mr. Narendra Singh as R2W2
who proved the report of the Licence Authority, Bulandshahr as
Ex.R2W2/B.
8. Learned counsel for the appellant submits that the appellant is entitled
to the recovery rights against respondent No.2 and the Commissioner,
Employees' Compensation has not even discussed respondent's defence and
the evidence.
9. Learned counsel for the respondent No.1 submits that the
compensation amount deposited by the appellant be released to respondent
No.1 and the matter may thereafter be remanded back to the Commissioner,
Employees' Compensation to adjudicate the appellant's claim of recovery
rights against respondent No.2.
10. The impugned order dated 29th December, 2015 awarding the
compensation of Rs.8,61,120/- is upheld. The impugned order is modified
to the extent that respondents no.1 and 1A shall be entitled to the
compensation amount. With respect to the appellant's claim for recovery
rights against respondent no.2, the case is remanded back to the
Commissioner, Employees' Compensation, who shall adjudicate the
appellant's claim for recovery rights against respondent no.2. The appeal is
partially allowed to this extent. All the pending applications are disposed of.
11. The appellant and respondent no.2 shall appear before the
Commissioner, Employees' Compensation on 21st August, 2017. The record
of the Commissioner, Employees' Compensation be sent back forthwith.
12. The appellant has deposited Rs.10,62,029/- with the Commissioner,
Employees' Compensation on 27th May, 2016 and the said amount has been
kept in fixed deposit with State Bank of India, Tis Hazari Court Branch.
13. The Commissioner, Employees' Compensation is directed to disburse
the aforesaid amount to respondents no.1 and 1A by instructing State Bank
of India, Tis Hazari Court Branch in the following manner:
(i) Rs.5 lakh be kept in 100 FDRs of Rs.5,000/- each in the name of
respondent no.1, Fullo Shah for the period 1 month to 100 months
respectively with cumulative interest.
(ii) Rs.5 lakh be kept in 100 FDRs of Rs.5,000/- each in the name of
respondent no.1A, Jaymala Devi for the period 1 month to 100 months
respectively with cumulative interest.
14. The balance amount after keeping Rs.10 lakh in FDRs be released to
respondents no.1 and 1A in equal proportion by transferring the same to
their savings bank accounts with UCO Bank, Delhi High Court Branch. The
particulars of their accounts are as under:
(i) Fullo Shah/Fulo Shah (Respondent no.1)
A/c No.15530110105115 with UCO Bank, Delhi High Court Branch
IFSC Code: UCBA0001553
MICR Code: 110028026
(ii) Jaymala Devi (Respondent no.1A)
A/c No.15530110105122 with UCO Bank, Delhi High Court Branch
IFSC Code: UCBA0001553
MICR Code: 110028026
15. Respondents no.1 and 1A are permanent residents of Village Bela
Nabad, Bela Nauvad, Anchal - Beladaur, Distt - Khagaria - 852161.
Respondents no.1 and 1A shall open their individual savings bank accounts
in a nationalized bank near the place of their residence in Bihar within a
period of four weeks from today. The concerned bank shall not issue any
cheque book or debit card to respondents no.1 and 1A. Respondents no.1
and 1A shall produce the copy of this order before the concerned bank who
shall make endorsement on their passbooks that no cheque book or debit
card has been issued to respondents no.1 and 1A. Respondents no.1 and 1A
shall send the particulars of their individual savings bank accounts near the
place of their residence to State Bank of India, Tis Hazari Court Branch.
16. The maturity amounts of the FDRs (mentioned in paras 13(i) and
13(ii)) along with interest shall be transferred to the aforesaid individual
savings bank accounts of respondents no.1 and 1A at Bihar.
17. 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
respondents no.1 and 1A.
18. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
19. Learned counsel for respondents no.1 and 1A submits that the Aadhar
card is not being issued by the competent authorities to respondent no.1 on
the ground that he has cataract in his eyes. The competent authority at
District Khagaria - 852161 is directed to issue the Aadhar card to
respondent no.1 within a period of four weeks from today. Mr. Gopal Singh,
learned standing counsel for State of Bihar shall communicate this order to
the competent authorities for issuance of Aadhar card to respondents no.1
and 1A.
20. List for reporting compliance on 13th September, 2017.
21. Learned counsel for respondents no.1 and 1A shall produce the copy
of the passbooks of the individual savings bank accounts of respondents no.1
and 1A opened near the place of their residence on the next date of hearing.
22. Copy of this judgment be sent to Commissioner, Employees'
Compensation as well as State Bank of India, Tis Hazari Court Branch.
23. Copy of this judgment be given dasti to counsel for the parties as well
as to learned standing counsel for State of Bihar under the signature of the
Court Master. State Bank of India, Tis Hazari Court Branch shall file a
compliance report on the next date of hearing.
JULY 25, 2017 J.R. MIDHA, J.
dk
