Delhi High Court
Rambha Devi & Ors vs Shafi Ahmad & Anr (Icici Lombard ... on 3 July, 2018
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03rd July, 2018
+ MAC.APP. 604/2017
RAMBHA DEVI & ORS ..... Appellants
Through: Mr.S.N. Parashar, Advocate
versus
SHAFI AHMAD & ANR (ICICI LOMBARD
GENERAL INSURANCE CO LTD) ..... Respondents
Through: Mr. A.K. Soni, Advocate for R-2
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The Claims Tribunal has dismissed the appellant's petition for
compensation under Section 163A of the Motor Vehicles Act which is under
challenge in this appeal.
2. On 7th May, 2012 at 02:30 AM, Ramji Prasad was driving vehicle
No.HR-35H-2261 which met with an accident and resulted in fatal injuries
to Ramjit Prashad who was survived by his widow, two minor sons and
parents. The claimants filed an application for compensation before Claims
Tribunal under Section 163A read with Section 167 of the Motor Vehicles
Act and Section 4A of the Employees Compensation Act.
3. The Claims Tribunal dismissed the claim petition holding that the
income of the deceased was more than Rs.40,000/- per month and, therefore,
the petition under Section 163A of the Motor Vehicle Act is not
maintainable.
4. Learned counsel for the appellant urged at the time of hearing that the
appellants are restricting their claim to compensation payable under the
Employees Compensation Act. It is submitted that appellants are entitled to
compensation of Rs.8,47,160/- by taking half of the wages of Rs.8,000/- per
month and applying the factor of 211.79 as per age of the deceased i.e. 28
years. Reliance is placed on the judgment of this Court in National
Insurance Company Ltd. vs. Sharda Devi MAC. APP. 355/2007 decided on
01st March, 2016.
5. This Court is of the view that the appellants are entitled to
compensation. The appeal is allowed and compensation of Rs.8,47,160/-
(50% of the wages of Rs.8,000 per month x 211.79) is awarded to appellants
along with interest @ 9% p.a. from the date of institution i.e. 20 th November,
2012.
6. The respondent No.2 is directed to deposit the compensation amount
with the Registrar General of this Court within four weeks.
7. The appellants shall remain present in Court on the next date of
hearing along with the passbooks of their savings bank accounts near the
place of their residence. The concerned bank of appellants is directed not to
issue any cheque book or debit card to appellants and if the same have
already been issued, the bank is directed to cancel the same and make an
endorsement on their passbooks to this effect. The appellants shall produce
the copy of this order to the concerned bank, whereupon the bank shall make
an endorsement on the passbooks of appellants that no cheque book and/or
debit card shall be issued to appellants without the permission of this Court.
However, the concerned bank shall permit appellants to withdraw money
from their savings bank account by means of a withdrawal form. The
appellants shall produce the original passbooks of their individual savings
bank accounts with the necessary endorsement on the next date of hearing.
8. List on 14th September, 2018.
9. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
JULY 03, 2018 J.R.MIDHA, J.
ds
