Delhi High Court
Reliance General Insurance Co. ... vs Shiv Ram & Anr. on 15 March, 2017
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15th March, 2017
+ FAO 296/2016 & CM 24218/2016
RELIANCE GENERAL INSURANCE CO. LTD...... Appellant
Through: Mr.A.K. Soni, Advocate
versus
SHIV RAM & ANR. ..... Respondents
Through: Mr.Anshuman Bal, Advocate
along with respondent No.1 in
person.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the impugned order dated 8 th
March, 2016 whereby compensation of Rs.10,55,760/- has been
awarded to respondent no.1.
2. On 15th April, 2013 at about 1.00 a.m., respondent no.1 was
driving vehicle No.DL-1K-5350 under the employment of respondent
no.2 when he met with an accident at Bhopani village near Pula, Distt.
Faridabad, Haryana which resulted in grievous injuries. The right leg
of respondent no.1 was amputated at below knee level which resulted
in 65% permanent disability relating to the right leg. The
Commissioner, Employees' Compensation took the permanent
disability of respondent no.1 as 100% and awarded Rs.10,55,760/- to
respondent no.1.
3. Learned counsel for the appellant urged at the time of the
hearing that the accident did not arise in the course of the
employment. It is further submitted that the loss of earning capacity
be taken as 65% instead of 100%.
4. Respondent no.1 is present in Court and he is unable to drive
after the accident in view of the 65% permanent disability. In that
view of the matter, there is no infirmity in the order of the
Commissioner, Employees' Compensation taking the loss of earning
capacity as 100%. So far as the relationship of employment is
concerned, respondent no.2 has admitted the accident arose out of and
during the course of the employment of respondent no.1.
5. The appeal and pending application are dismissed.
6. The appellant has deposited Rs.13,48,989/- with the
Commissioner, Employees' Compensation. The Commissioner,
Employees' Compensation is directed to instruct the concerned bank
to keep Rs.12 lakh in 120 FDRs of Rs.10,000/- each for the period of
1 months to 120 months respectively with cumulative interest.
7. The balance amount, after keeping Rs.12 lakhs in FDRs, be
released to respondent no.1 by transferring the same to his savings
bank account No.729702010001674 with Union Bank of India, G.T.B.
Nagar, 9-Hakikat Nagar, GTB Nagar, New Delhi-110009 [IFSC Code
UBIN0572977].
8. All the original FDRs shall be retained by concerned bank.
However, the statement containing FDR number, FDR amount, date
of maturity and the maturity amount be furnished to respondent no.1.
9. The maturity amount of the FDRs along with interest shall be
transferred to the savings bank account of respondent no.1 with Union
Bank of India, G.T.B. Nagar, 9-Hakikat Nagar, GTB Nagar, New
Delhi-110009.
10. No cheque book or debit card be issued to respondent no.1 by
Union Bank of India without permission of this Court. However, in
case, the debit card/cheque book have already been issued, Union
Bank of India, G.T.B. Nagar, 9-Hakikat Nagar, GTB Nagar, New
Delhi-110009 shall cancel the debit card and/or cheque book.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. Respondent no.1 is at liberty to approach this Court for release
of further amount in case of any financial exigency.
13. The record of the Commissioner, Employees' Compensation be
returned back forthwith to enable the Commissioner, Employees'
Compensation to comply with this judgment.
14. Copy of this judgment be given dasti to counsel for the parties
under the signature of the Court.
MARCH 15, 2017 J.R. MIDHA, J.
dk
