Delhi High Court
Iffco Tokio General Insurance Co ... vs Satveeri & Ors on 11 April, 2018
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11th April, 2018
+ MAC.APP. 8/2018 & CM 196/2018
IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant
Through: Mr. Birjesh Bagga, Advocate
versus
SATVEERI & ORS ..... Respondents
Through: Mr.Amit Kumar Pandey, Mr.Nikhil
Tripathi, Advocate for respondents
no.1 to 3.
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.51,96,200/- has been awarded to respondents
no.1 to 3.
2. The accident dated 31st August, 2015 resulted in the death of Krishan.
The deceased was aged 52 years and was working with Seeds Corporation
Ltd. and was earning Rs.43,332/- per month. The deceased was survived by
his widow, daughter and son who claimed compensation before the Claims
Tribunal.
3. The Claims Tribunal took the income of the deceased as Rs.43,332/-
per month, added 15% towards future prospects, deducted 1/3 rd towards his
personal expenses and applied the multiplier of 11 to compute the loss of
dependency as Rs.46,71,189.60. The Claims Tribunal awarded Rs.3 lakh
towards loss of love and affection, Rs.1 lakh towards loss of consortium,
Rs.1 lakh towards loss of estate and Rs.25,000/- towards funeral expenses.
The total compensation awarded is Rs.51,96,200/-.
4. Learned counsel for the appellant urged at the time of the hearing that
the Claims Tribunal has not deducted the Income Tax from the income of
the deceased. It is further submitted that the personal expenses of the
deceased be increased from 1/3rd to 1/2nd. It is further submitted that the non-
pecuniary compensation be reduced in terms of the principles laid down by
the Supreme Court in National Insurance Co. Limited vs. Pranay Sethi
and Ors. 2017 SCC Online SC 1270.
5. There is merit in the appellant's contention of deduction of Income
Tax. The Income Tax is to be deducted from the income of the deceased.
With respect to the personal expenses of the deceased, this Court is of the
view that there is no infirmity in the deduction of 1/3 rd towards personal
expenses of the deceased as the deceased was survived by his widow, son
and daughter. The non-pecuniary compensation awarded by the Claims
Tribunal is reduced to Rs.40,000/- towards loss of consortium, Rs.15,000/-
towards loss of estate and Rs.15,000/- towards personal expenses.
6. Taking the income of the deceased as Rs.43,332/- per month,
deducting 1/3rd towards the personal expenses of the deceased, deducting
Rs.9,665.60 towards Income Tax, adding 15% towards future prospects, and
applying the multiplier of 11, the loss of dependency is computed as
Rs.42,62,928.56. Adding Rs.40,000/- towards loss of consortium,
Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses,
the total compensation is computed as Rs.43,32,982.56, rounded off to
43,33,000/-.
7. The appeal is allowed and the compensation amount is reduced from
Rs.51,96,200/- to Rs.43,33,000/- along with interest @ 9% per annum from
the date of filing of DAR i.e.18th February, 2016.
8. Respondents No.1 and 3 are present in Court along with the
passbooks of the individual savings bank accounts of respondents No.1 to 3
containing the necessary endorsement. The particulars of their individual
savings bank accounts are given herein below:-
(i) Satveeri (Respondent No.1)
A/c No.37257148113
State Bank of India, Defence Colony Branch
IFSC Code: SBIN0007196
(ii) Monika (Respondent No.2)
A/c No.37256860314
State Bank of India, Defence Colony Branch
IFSC Code: SBIN0007196
(iii) Arun Kumar (Respondent No.3)
A/c No.37255400721
State Bank of India, Defence Colony Branch
IFSC Code: SBIN0007196
9. The appellant has deposited Rs.50,85,161/- with the Registrar General
of this Court in terms of the order dated 10th January, 2018. Respondent
No.1 present in Court seeks release of Rs.10 lakh to discharge the loans
taken by her for the marriage of her daughter (respondent No.2).
10. The Registrar General of this Court is directed to disburse the amount
deposited by the appellant by instructing UCO Bank, Delhi High Court
Branch as under:
(i) Rs.30,00,000/- be kept in 120 FDRs of Rs.25,000/- each, in the
name of respondent No.1 for the period 1 month to 120 months
respectively, with cumulative interest.
(ii) Rs.5,00,000/- be kept in 100 FDRs of Rs.5000/- each, in the name
of respondent No.2 for the period 1 month to 100 months
respectively, with cumulative interest.
(iii) Rs.5,00,000/- be kept in 100 FDRs of Rs.5000/- each, in the name
of respondent No.3 for the period 1 month to 100 months
respectively, with cumulative interest.
(iv) Rs.1,00,000/- be released to respondents No.2 and Rs.1,00,000/- be
released to respondents No.3 by transferring the same to their
individual savings bank accounts with State Bank of India,
Defence Colony Branch mentioned in para-8 above.
(v) The balance amount, after keeping Rs. 40,00,000/- in FDRs and
after releasing Rs.1,00,000/- each to respondents No. 2 and No.3,
be released to respondent No. 1 by transferring the same to her
individual savings bank account with State Bank of India, Defence
Colony Branch mentioned in para-8 above.
11. 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 shall be furnished to
respondents No.1 to 3.
12. The maturity amounts of the FDRs along with interest shall be
transferred to the individual savings bank accounts of the beneficiaries
mentioned in para-8 above.
13. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
14. State Bank of India, Defence Colony Branch, Delhi shall permit the
claimants to withdraw money from their individual savings bank account by
means of a withdrawal form.
15. List for reporting compliance on 17th May, 2018.
16. Copy of this Judgment be given dasti to counsels for the parties under
the signatures of the court master.
APRIL 11th, 2018 J.R.MIDHA, J.
ak
