Delhi High Court
Bajaj Allianz General Insurance ... vs Jyoti & Ors. on 19 September, 2017
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 19th September, 2017
+ FAO 202/2016 & CM 16878/2016, 1300/2017
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD....Appellant
Through Ms. Manu Kushwaha,
Advocate.
Versus
JYOTI & ORS. .... Respondents
Through Mr.Anshuman Bal, Advocate
for respondents no.1 and 2
along with respondents no.1
and 2 in person.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the order dated 3 rd February, 2016
whereby the Commissioner, Employees' Compensation awarded
compensation of Rs.6,99,318/- along with interest @ 12% per annum and
funeral expenses of Rs.5,000/- to respondents no.1 to 3.
2. On 20th December, 2010 at about 12.01 A.M., late Kanhiya Lal @
Raju was driving vehicle No.DL-4CAE-2927 during the course of his
employment under respondent no.4 when he met with an accident near Bus
Stand, Krishi Vihar, BRT Corridor, Greater Kailash, Phase - I, New Delhi
which resulted in fatal injuries. The deceased was survived by his widow,
daughter and mother who filed an application for compensation before the
Commissioner, Employees' Compensation which resulted in the impugned
award.
3. Learned counsel for the appellant urged at the time of the hearing that
the accident did not occur during the course of the employment of the
deceased with respondent no.4 and the driving licence of the deceased at the
time of the accident was fake.
4. The Commissioner, Employees' Compensation held that the deceased
was driving the offending vehicle during the course of his employment
under respondent no.4 at the time of the accident and no evidence was led by
the owner, namely, respondent no.4 to rebut the same.
5. The record of the Commissioner, Employees' Compensation has been
perused. Respondent no.1 appeared in the witness box as PW-1 and deposed
that her husband was driving the insured vehicle at the time of the accident.
Respondent no.4 did not lead any evidence whatsoever to rebut the same. In
that view of the matter, there is no infirmity in the finding of the
Commissioner, Employees' Compensation holding that the accident
occurred during the course of the employment of the deceased with
respondent no.4.
6. With respect to the appellant's contention that the driving licence of
the deceased was fake, the Commissioner, Employees' Compensation has
accepted the appellant's contention and granted the recovery rights to the
appellant.
7. There is no merit in this appeal which is hereby dismissed.
8. The appellant has deposited Rs.10,53,967/- with the Commissioner,
Employees' Compensation which is lying in FDR No.35789790932 dated
23rd August, 2017 for Rs.11,24,629/- with State Bank of India, Tis Hazari
Court Branch.
9. Respondents no.1 and 2 are present in Court along with the counsel
and they submit that they do not know the whereabouts of respondent no.3.
10. The Commissioner, Employees' Compensation is directed to disburse
the aforesaid amount to respondents no.1 to 3 by instructing State Bank of
India, Tis Hazari Court Branch to discharge the FDR and disburse the
amount in the following manner:
(i) Rs.4,20,000/- be kept in 84 FDRs of Rs.5,000/- each in the name of
Jyoti (respondent no.1) for the period 1 month to 84 months with cumulative
interest.
(ii) Rs.3 lakh be kept in FDR in the name of Baby Bharti (respondent
no.2) till she attains majority on which monthly interest be released to
respondent no.1 Jyoti, by transferring the same to her savings bank A/c No.
51848100000415 with Bank of Baroda, Okhla Ind. Area, Phase-II, Delhi
(IFSC Code: BARB00KHDEL). Upon attaining the majority, the State
Bank of India, Tis Hazari Court Branch shall keep Rs.3 lakh in 60 FDRs of
Rs.5,000/- each in the name of Bharti (respondent no.2) for the period 1
month to 60 months with cumulative interest.
(iii) Rs.3 lakh towards the share of respondent no.3, Dayashree (mother of
the deceased) be kept in FDR in the name of the Commissioner, Employees'
Compensation initially for a period of one year. Upon appearance of
respondent no.3, the Commissioner, Employees' Compensation shall release
Rs.40,000/- to respondent no.3 and keep Rs.2,60,000/- in 52 FDRs of
Rs.5,000/- each in the name of respondent no.3 for the period 1 month to 52
months with cumulative interest.
11. At the time of maturity of the FDRs, the maturity amount shall be
credited in the individual savings bank accounts of the respondents no. 1 to 3
near the place of their residence.
12. The balance amount, after keeping Rs.10,20,000/- in FDRs, be
released to respondent no.1 by transferring the same to her aforesaid savings
bank account.
13. All the original FDRs shall be retained by State Bank of India, Tis
Hazari Court Branch. However, the photocopies of the same shall be
provided to respondent No.1.
14. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
15. Issue Court Notice to Respondent No.3 returnable on 2nd November,
2017.
16. List for reporting compliance and further order with respect to
respondent no.3 on 2nd November, 2017
17. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
SEPTEMBER 19, 2017 J.R. MIDHA, J.
dk
