Delhi High Court
National Insurance Co Ltd. vs Munna @ Munna Khan & Ors. on 11 May, 2017
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 11th May, 2017
+ MAC.APP. 326/2016 & CM No.14302/2016
NATIONAL INSURANCE CO LTD. ..... Appellant
Through: Mr.C.S. Parashar, Advocate.
Versus
MUNNA @ MUNNA KHAN & ORS. .....Respondents
Through: Mr. Nasir Husain, Mr. Abdul Tahir
Khan and Mr. Manish Kumar Shukla,
Advocates for Respondents No.1 and
2 with both Respondents in person.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
1. At joint request, the case is taken up for final hearing.
2. The appellant impugns the Award on the ground that multiplier of 18
instead of 13 was applied. The claimant is the mother of the deceased-
victim of the road accident. The multiplier was adopted based on the age of
the victim instead of that of the mother, the survivor. In view of the settled
law in the judgment of U. P. State Road Transport Corporation and Ors.
Vs. Trilok Chandra and Ors. (1996) 4 SCC 362, this cannot be so done.
Accordingly, the appropriate multiplier would be 13. Applying the said
multiplier, loss of dependency would come to Rs.65,286 X 13 =
Rs.8,48,718/-. Thus, the compensation apropos loss of dependency is
MAC.APP. 326/2016 Page 1 of 3
reduced from Rs.11,75,200 to Rs.8,48,718/-.
3. The learned counsel for the respondents states that the parents of the
deceased need about Rs.30,000/- to Rs.40,000/- for their medical and
monthly expenses.
4. The awarded amount is stated to be deposited with the State Bank of
India, Saket Courts Branch, New Delhi. Accordingly, the excess amount
alongwith proportionate interest shall be returned to the appellant. The
remaining amount along with proportional interest shall be apportioned
equally between the beneficiaries i.e. respondents No. 1 and 2 as has been
directed by the Tribunal. From their respective shares, the amounts shall be
disbursed in the following manner:-
(i) From the share of the mother respondent No.1/ Mrs. Mobina, a sum of
Rs.25,000/- shall be released to her in her Bank Account
No.3002933841 maintained with Central Bank of India, Gulmohar
Park, New Delhi within two weeks from today.
(ii) A similar amount of Rs.25,000/- shall be released to the father of the
deceased/respondent No.2 in his Bank Account maintained with the
State Bank of India, Saket Courts Branch, New Delhi.
(iii) Of the remaining amounts, for each of the beneficiaries, FDRs of
Rs.10,000/- each with maturity every successive month shall be
created and kept with the aforesaid SBI Bank. Upon its maturity, the
said amounts shall be credited to the account of the beneficiaries i.e.
for respondent No.1 in her aforenoted Bank Account No.3002933841
and for respondent No.2 in the account maintained with SBI Bank.
In this manner, the immediate needs of the parents including their
MAC.APP. 326/2016 Page 2 of 3
medical expenses will be taken care of and the interest accrued
thereon over the months would, to some extent, mitigate the effect of
mandatory inflation.
(iv) The original Fixed Deposit Receipts shall be kept by the Manager of
the aforesaid Bank. However, the original passbooks shall be given to
the respondent No.1 and respondent No.2 along with the photocopy of
the FDRs.
(v) No cheque book shall be issued to the respondent No.1 and
respondent No.2 for the FDRs accounts without permission of the
court.
(viii) No loan or advance shall be permitted against the FDRs nor shall the
same be pre-maturely encashed without permission of the court.
The appeal along with pending application stands disposed off in the
above terms.
NAJMI WAZIRI, J.
MAY 11, 2017
sb
