Delhi High Court
M/S Delhi Chartered Accountants ... vs Roopa Devi on 19 September, 2017
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19th September, 2017
+ FAO 158/2017 & CM Appln. 13710/2017
M/S DELHI CHARTERED ACCOUNTANTS
CO OPERATIVE GROUP HOUSING SOCIETY LTD
THR ITS PRESIDENT & SECRETARY ..... Appellant
Through Mr. Neeraj Kumar, Advocate
versus
ROOPA DEVI ..... Respondent
Through Mr. S K Singh and Mr. Agit K Singh,
Advocates with respondent in person
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the impugned order dated 10 th February,
2017 whereby compensation of Rs.6,77,760/- along with interest @ 12% per
annum and funeral charges of Rs.5,000/- have been awarded to the
respondent.
2. The respondent is the widow of Late Shyambir who was working as a
plumber with the appellant's CA Apartments for the last about 28 years. On
14th February, 2012, Late Shyambir was on duty in the society complex and
at about 12:00 Noon, he fell down from the building No.5A of CA
Apartments which resulted in fatal injuries. The deceased was survived by
his widow, namely the respondent herein who has filed the application for
compensation before the Commissioner, Employees' Compensation which
resulted in the impugned award.
3. The appellant admitted before the Commissioner, Employees'
Compensation that the deceased was employed with the appellant for the last
about 28 years as a plumber and his last drawn salary was Rs.5,000/- per
month. The appellant further admitted that the deceased was on duty on 14th
February, 2012. The defence set up by the appellant before the
Commissioner, Employees' Compensation was that the deceased committed
suicide by jumping from the building and, therefore, respondent is not
entitled to any compensation.
4. The Commissioner, Employees' Compensation held that the deceased
met with an accident and suffered fatal injuries during the course of his
employment with the appellant and, therefore, the respondent is entitled to
compensation of Rs.6,77,760/- along with interest @ 12% per annum and
funeral charges of Rs.5,000/-.
5. Learned counsel for the appellant urged at the time of hearing that the
deceased committed suicide by jumping from the top of the building and
therefore, the respondent is not entitled to compensation.
6. Vide order dated 5th July, 2017 this Court requisitioned the record of
DD 29A dated 14th February, 2012, PS Paschim Vihar, New Delhi which
was produced before this Court. As per Final Inquest Report under Section
174 Cr.P.C, the deceased was on duty on 14 th February, 2012 and around
12:00 PM, he went to the top of building No.5A, CA Apartments, Paschim
Vihar to check the pipeline and he fell down from there and was taken to
Shree Balaji Action Hospital, Paschim Vihar where he was declared as
brought dead.
7. No substantial question of law arises for consideration in this appeal.
That apart, there is no merit in the appellant's contention that the deceased
committed suicide in as much as no one in the appellant's society has seen
the deceased jumping from the building. There is no evidence to support the
contention of the appellant that the deceased committed suicide by jumping
from the building. This Court is of the view that the deceased suffered/ met
with the accident during the course of his employment with the appellant on
14th February, 2012.
8. The appeal is dismissed. Pending application is disposed of.
9. The appellant has deposited Rs.9,43,700/- with the Registrar General
of this Court.
10. The respondent is present in the Court and has produced her passbook
of her savings bank account No.047600101021934 with the Corporation
Bank, Paschim Vihar Branch, New Delhi (IFSC: CORP0000476).
11. The Registrar General is directed to release the compensation amount
to the respondent by instructing UCO Bank, Delhi High Court Branch to
disburse the amount in the following manner:-
(i) Rs.8,60,000/- be kept in 100 FDRs of Rs.8,600/- each for a period of 1
month to 100 months respectively in the name of respondent with
cumulative interest.
(ii) Balance amount, after deducting Rs.8,60,000/-, be released to the
respondent by transferring the same to her savings bank account with
the Corporation Bank, Paschim Vihar Branch, New Delhi.
12. At the time of maturity of the FDRs, the maturity amount shall be
credited in the aforesaid savings bank account of the respondent with
Corporation Bank, Paschim Vihar Branch, New Delhi.
13. 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 the
respondent.
14. Corporation Bank, Paschim Vihar Branch, New Delhi is directed not
to issue any cheque book or debit card to claimant/respondent and if the
same have already been issued, Corporation Bank, Paschim Vihar Branch,
New Delhi is directed to cancel the same. Claimant/Respondent shall
produce the copy of this order before the Corporation Bank, Paschim Vihar
Branch, New Delhi whereupon Corporation Bank shall make an
endorsement on the passbook that no debit card or cheque book shall be
issued to claimant/respondent without the permission of this Court.
15. The Corporation Bank, Paschim Vihar Branch, New Delhi shall
permit the respondent to withdraw the money from her savings bank account
by means of a withdrawal form.
16. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
17. The claimant/respondent shall approach the UCO Bank, Delhi High
Court Branch for completing the formalities for the disbursement of the
award amount in terms of this order.
18. Claimant/Respondent shall remain present in Court along with
passbook of her savings bank account with the necessary endorsement on the
next date of hearing.
19. List for reporting compliance on 31st October, 2017 at 2:30 P.M.
20. Copy of this judgment be sent to UCO Bank, Delhi High Court
Branch and to Corporation Bank, Paschim Vihar Branch, New Delhi fro
compliance.
21. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
SEPTEMBER 19, 2017 J.R. MIDHA, J.
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