Delhi High Court
New India Assurance Co Ltd vs Laxmi & Ors on 24 August, 2018
$~ 25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24th August, 2018
+ MAC.APP. 360/2017 & CM APPLs. 13898/2017, 40686/2017
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr.Sahil Paul, Advocate
versus
LAXMI & ORS ..... Respondents
Through: Mr.Pradyumna Singh and
Mr.R.B.Gaur, Advocates for R-1 to
R-5
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby the compensation of Rs.15,95,000/- has been awarded to
respondents No. 1 to 5.
2. On 31st May, 2011 at about 05:20 AM, Basant Gaud was going on his
bicycle in front of Sri Ram Petrol Pump, Chhaprola, Gautam Budh Nagar
when he was hit by a truck bearing No. HR-56-4557 which resulted in fatal
injuries. Basant Gaud, aged 36 years at the time of accident, was survived by
his widow, two minor daughters and his parents who claimed compensation.
Basant Gaud was working with M/s Pushwant Consultant Ltd. According to
the claimants, the deceased was earning Rs.10,000/- per month.
3. The Claims Tribunal took the income of the deceased as Rs.10,000/-
per month, deducted 1/4th towards personal expenses and applied the
multiplier of 15 for compute the loss of dependency as Rs.13,50,000/-. The
Claims Tribunal awarded Rs.1,00,000/- towards loss of love and affection,
Rs.1,00,000/- towards loss of consortium, Rs.25,000/- towards funeral
expenses and Rs.20,000/- towards loss of estate. The total compensation is
awarded is Rs.15,95,000/-.
4. Learned counsel for the appellant urged at the time of hearing that the
claimants have not proved the negligence of the offending vehicle. It is
submitted that there is contradiction in the statement made in the claim
petition and the statement of eye witness. It is further submitted that the
claimants did not furnish any proof of income of deceased and therefore,
minimum wages of Rs.6,422/- per month should be taken into consideration
for computation of compensation. It is further submitted that the
compensation of loss of love and affection is not a permissible head. It is
further submitted that compensation for loss of consortium, loss of estate
and funeral expenses by reduced to Rs.40,000/-, Rs.15,000/- and Rs.15,000/-
respectively in terms of the principles laid down in National Insurance
Limited Co. v. Pranay Sethi (2017) 16 SCC 670.
5. Learned counsel for the claimants submits that the Claims Tribunal
has not awarded the future prospects of 40%. Reliance is placed on Pranay
Sethi (supra).
6. Vide order dated 25th April, 2018, the Investigating Officer of FIR
No.89/2011 dated 31st May, 2011 Serial No. 89702009711, P.S. Badalpur,
Gautam Budh Nagar, U.P. under Section 279/304A IPC was directed to
produce the record in pursuance to which the relevant record was produced
on 30th May, 2018. The relevant record was also filed before the Claims
Tribunal. The FIR was registered at P.S. Badalpur, Gautam Budh Nagar,
U.P.against the driver of the offending vehicle at about 07:00 AM on 31st
May, 2011 upon the receipt of the complaint from the Supervisor of M/s
Pushwant Consultant Ltd i.e. Kavendra Kumar. The record of the Criminal
Case has been perused. This Court is satisfied that the deceased Basant Gaud
died due to rash and negligent driving of the driver. That apart, neither the
driver nor the owner of the offending vehicle appeared in the witness box to
rebut evidence of the claimants.
7. With respect to the computation of the compensation, the claimants
did not produce any proof of income of the deceased and therefore the
Claims Tribunal ought to have taken the minimum wages Rs.6,422/- per
month for computing the compensation. The claimants are entitled to future
prospects of 40% in terms of principles laid down in Pranay Sethi (supra).
8. Taking the income of the deceased as Rs.6,422/- per month, adding
the 40% towards future prospects, deducting 1/4th towards the personal
expenses of the deceased and applying the multiplier of 15, the loss of
dependency is computed as Rs.12,13,758/-. The Claims Tribunal has
awarded Rs1,00,000/- towards loss of love and affection which is no more a
permissible head, and is therefore, set aside. The compensation for loss of
consortium, loss of estate and funeral expenses are reduced to Rs.40,000/-
Rs.15,000/- and Rs.15,000/- respectively in terms of Pranay Sethi (supra).
The claimants are entitled to total compensation of Rs.12,83,758/-.
9. The appeal is allowed and the compensation amount is reduced from
Rs.15,95,000/- to Rs.12,83,758/- along with interest at the rate of 9% per
annum from the date of institution i.e. 15th July, 2011 till realization.
10. Pending applications are disposed of.
11. The appellant has deposited the award amount with the Claims
Tribunal in terms of order dated 17th April, 2017.
12. The claimants are entitled to Rs.21,05,820/- (Rs. 21,05,820.35
rounded off) in terms of this judgment as per the calculation done by
Accounts Officer of this Court.
13. The particulars of the savings bank accounts of respondents no.1 to 5
(claimants) are as under:
(i) Respondent No.1, Laxmi @ Lakshmi Devi
A/c No.31773095415 with State Bank of India, Dullahpur, Post:
Dullahpur (IFSC Code: SBIN0012504)
(ii) Respondent No.2, Baby Khushi @ Khushi Kumari
A/c No.32070239823 with State Bank of India, Dullahpur, Post:
Dullahpur (IFSC Code: SBIN0012504)
(iii) Respondent No.3, Baby Muskan @ Muskan Kumari
A/c No.32070241888 with State Bank of India, Dullahpur, Post:
Dullahpur (IFSC Code: SBIN0012504)
(iv) Respondent No.4, Jagdish @ Jagdish Gond
A/c No.415302010989363 with Union Bank of India, Jalalabad (IFSC
Code: UBIN0541532
(v) Respondent No.5, Buchi Devi @ Buchiya Devi
A/c No.32296586305 with State Bank of India, Dullahpur, Post:
Dullahpur (IFSC Code: SBIN0012504)
14. The Claims Tribunal is directed to disburse Rs.21,05,820/- mentioned
above to the claimants in the following manner:
(i) Rs.9 lakh be kept in 100 FDRs of Rs.9,000/- each in the name of
respondent No.1, Laxmi @ Lakshmi Devi for the period 1 months to 100
months respectively, with cumulative interest.
(ii) Rs.1 lakh be kept in 10 FDRs of Rs.10,000/- each in the name of
respondent No.5, Buchi Devi @ Buchiya Devi for the period 1 months to 10
months respectively, with cumulative interest.
(iii) Rs.4 lakh be kept in FDR in the name of respondent No. 2, Baby
Khushi @ Khushi Kumari, till she attains majority with cumulative interest.
Upon attaining majority, the bank shall release the interest amount to
respondent No.2 in her aforesaid savings bank account and the principal
amount of Rs.4 lakh be kept in 40 FDRs of Rs.10,000/- each for the period 1
month to 40 months respectively, with cumulative interest in the name of
respondent No.2;
(iv) Rs.4 lakh be kept in FDR in the name of respondent No. 3, Baby
Muskan @ Muskan Kumari, till she attains majority with cumulative
interest. Upon attaining majority, the bank shall release the interest amount
to respondent No.3 in her aforesaid savings bank account and the principal
amount of Rs.4 lakh be kept in 40 FDRs of Rs.10,000/- each for the period 1
month to 40 months respectively, with cumulative interest in the name of
respondent No.3;
(v) Rs.1 lakh be released to respondent No.1, Laxmi @ Lakshmi Devi by
transferring the same to her above mentioned savings bank account.
(vi) Rs.1 lakh be released to respondent No.5, Buchi Devi @ Buchiya
Devi by transferring the same to her above mentioned savings bank account.
(vii) Rs.1,05,820/- be released to respondent No. 4, Jagdish @ Jagdish
Gond by transferring the same to his above mentioned savings bank account.
15. All the original FDRs shall remain with the concerned bank.
However, the statement containing FDR number, amount, date of maturity
and maturity amount shall be furnished by concerned bank to the
respondents' no.1 to 5.
16. The maturity amounts of the FDRs be released to respondents no.1 to
5 in their aforesaid savings bank accounts.
17. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
18. State Bank of India, Dullahpur and Union Bank of India, Jalalabad
Branch shall permit respondents no.1 to 5 to withdraw money from their
savings bank account by means of a withdrawal form.
19. The balance amount, after disbursement of Rs.21,05,820/- to the
respondents no.1 to 5, be refunded back to the appellant.
20. The Claims Tribunal is directed to send the status report of the
compliance of this judgement before the next date of hearing.
21. The record of the Claims Tribunal be sent back forthwith.
22. List for reporting compliance on 14th September, 2018.
23. Statutory amount be refunded back to the appellant.
24. Copy of this judgement be sent to the Claims Tribunal for compliance.
25. Copy of this judgement be given dasti to counsels for the parties
under signatures of the Court Master.
AUGUST 24, 2018 J.R.MIDHA, J.
ds
