Delhi High Court
The New India Assurance Co Ltd vs Raj Kumar @ Raja Mandal & Ors on 28 March, 2017
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28th March, 2017
+ MAC.APP. 154/2014
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. Pankaj Seth, Adv.
versus
RAJ KUMAR @ RAJA MANDAL & ORS ..... Respondents
Through: Mr.Neeraj Yadav, Adv. for
Respondents no.1 and 2.
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.5 lakh has been awarded to respondents
no.1 and 2. On 14th December, 2012 at about 11 a.m., Baby Preeti,
aged 6 years was crossing the road when she was hit by motor cycle
bearing No.DL-8S-AK-3999 which resulted in her death. Baby Preeti
was survived by her parents. The Claims Tribunal took cognizance of
the Detailed Accident Report filed by the police whereupon the
appellant offered compensation of Rs.2,40,000/- which was not fair
and reasonable and therefore, no accepted by respondents no.1 and 2.
The Claims Tribunal awarded compensation of Rs.5 lakh to
respondents no.1 and 2 which has been challenged by the appellant on
the ground that respondents no.2 and 3 have not led any evidence to
prove their claim.
2. This Court is of the view that since the appellant had offered
Rs.2,40,000/- after verifying the claim, the only issue before the
Claims Tribunal was to determine the fair and reasonable amount of
compensation to be paid to respondents no.1 and 2. This Court is
satisfied that the compensation awarded to respondents no.1 and 2 is
just, fair and reasonable and does not warrant any interference.
3. The appeal is dismissed. The appellant has deposited
Rs.6,39,726/- with UCO Bank, Delhi High Court Branch on 24th
October, 2016.
4. Respondents no.1 and 2 are present in Court with the passbooks
of their savings bank account in Central Bank of India, Sector-18,
Rohini, Delhi. The particulars of their savings bank accounts are as
under:
Raj Kumar (respondent no.1)
Central Bank of India, Sector-18, Rohini
A/c No.3593737047
MICR Code: 110016117
IFSC Code: CBIN0283504
Renu Devi (respondent no.2)
Central Bank of India, Sector-18, Rohini
A/c No.3983058983
MICR Code: 110016117
IFSC Code: CBIN0283504
5. UCO Bank, Delhi High Court Branch is directed to keep
Rs.5,50,000/- in FDRs in the following manner:
(i) Rs.4 lakh be kept in 100 FDRs of Rs.4,000/- each for the period
1 month to 100 months respectively in the name of respondent no.2
with cumulative interest.
(ii) Rs.1,50,000/- be kept in 30 FDRs of Rs.5,000/- each for the
period 1 month to 30 months respectively in the name of respondent
no.1 with cumulative interest.
6. The balance amount after keeping Rs.5,50,000/- be released to
respondents no.1 and 2 by transferring the same to their savings bank
accounts in equal proportion.
7. All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the statement containing FDR number,
FDR amount, date of maturity and the maturity amount be furnished
to respondents no.1 and 2.
8. The maturity amount of the FDRs shall be transferred to the
aforesaid savings bank account of respondents no.1 and 2 with Central
Bank of India, Sector-18, Rohini, Delhi.
9. No cheque book or debit card be issued to respondents no.1 and
2 by Central Bank of India, Sector-18, Rohini, Delhi without
permission of this Court. However, in case, the debit card/cheque
book have already been issued, Central Bank of India, Sector-18,
Rohini, Delhi shall cancel the debit card and/or cheque book.
10. No loan or advance or pre-mature discharge of the FDRs shall
be permitted without the permission of this Court.
11. The respondents are permitted to approach this Court for pre-
mature release of FDR in the event of any financial exigency.
12. List for reporting compliance on 26th May, 2017.
13. The statutory amount be refunded back to the appellant.
14. Copy of this judgment be given dasti to counsel for the parties
under the signature of the Court Master.
MARCH 28, 2017 J.R. MIDHA, J.
dk
