Aarti Aggarwal vs Gulshan Pathan & Ors. The New India ...
2018 Latest Caselaw 3813 Del

$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Date of Decision: 10th July, 2018

+     MAC.APP. 544/2018
      AARTI AGGARWAL                                   ..... Appellant
                     Through:        Mr.Maruf Khan and Mr.Prateek
                                     Tewari, Advocates
                    versus
      GULSHAN PATHAN & ORS.
      THE NEW INDIA ASSURANCE CO.LTD.        ..... Respondents
                    Through: Ms.Komal Dhingra, Advocate for R-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.11,94,380/- has been awarded to her. The appellant is seeking enhancement of the award amount.

2. The accident dated 21st June, 2003 resulted in the death of Nitu. The deceased was aged 24 years and was working as a telephone attendant with HCL Technologies Ltd. BPO Services at a monthly salary of Rs.13,710/-. The deceased was survived by her mother who claimed compensation before Claims Tribunal.

3. The Claims Tribunal took the salary of the deceased as Rs.13,710/- per month, deducted 50% towards her personal expenses and applied the multiplier of 13 according to the age of her mother to compute the loss of dependency as Rs.10,69,380/-. The Claims Tribunal awarded Rs.50,000/- towards loss of love and affection, Rs.50,000/- towards loss of estate and Rs.25,000/- towards funeral and transportation expenses. The total

compensation awarded by the Claims Tribunal is Rs.11,94,380/-.

4. Learned counsel for appellant urged at the time of hearing that future prospects of 50% have not been awarded by the Claims Tribunal. It is further submitted that the multiplier be enhanced from 13 to 18 according to the age of the deceased.

5. Learned counsel for respondent No.3 urged at the time of the hearing that loss of love and affection is no more a permissible head and compensation of Rs.50,000/- towards loss of love and affection be set aside. It is further submitted that the compensation of loss of estate and funeral expenses be reduced to Rs.15,000/- each.

6. There is merit in the contentions urged by learned counsel for both the parties. Applying the principles laid down in National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC 1270, the appellant is entitled to future prospects at the rate of 50% and the multiplier of 18 has to be applied according to the age of the deceased. The loss of love and affection is no more a permissible head and is therefore set aside. Compensation for loss of estate and funeral expenses are reduced to Rs.15,000/- each.

7. Taking income of the deceased as Rs.13,710/- per month, adding 50% towards future prospects, deducting ½ towards personal expenses and applying the multiplier of 18, the loss of dependency is computed as Rs.22,21,020/-. Adding Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses, the total compensation is computed to Rs. 22,51,020/-.

8. The appeal is allowed and the award amount is enhanced from Rs.11,94,380/- to Rs.22,51,020/- along with interest at the rate of 9% per

annum from the date of institution i.e. 02nd June, 2011.

9. The enhanced award amount along with upto date interest be deposited by respondent No.3 with the Registrar General of this Court within four weeks.

10. The appellant has savings bank account No.16520100018516 with Bank of Baroda, Shakarpur Branch and she approached her bank for making endorsement that no cheque book or ATM card be issued in respect of said account in terms of paragraph 5 of order dated 31st May, 2018.

11. Learned counsel for the appellant submits that the bank, instead of making endorsement on the passbook, has freezed the appellant's bank account which is in violation of order dated 31st May, 2018.

12. Paragraph 5 of the order dated 31st May, 2018 is reproduced hereunder:

"The appellant shall remain present in Court on the next date of hearing along with passbook of her savings bank account near the place of her residence as well as PAN card and Aadhaar card. The concerned bank is directed not to issue any cheque book or debit card to the appellant and if the same have already been issued, the bank is directed to cancel the same and make an endorsement on her passbook to this effect. The appellant shall produce the copy of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbook of the appellant that no cheque book and/or debit card shall be issued to the appellant without the permission of this Court. However, the concerned bank shall permit appellant to withdraw money from her savings bank account by means of a withdrawal form. The appellant shall produce the original passbook of her savings bank

account with the necessary endorsement on the next date of hearing".

13. Bank of Baroda, Shakarpur Branch is again directed to make an endorsement on the petitioner pass book that no cheque book or ATM card or debit card shall be issued without the permission of this Court. However, the appellant is permitted to withdraw the money from her bank account be means of a withdrawal form. The bank is therefore directed to ensure that the appellant bank account is operational and permit the appellant to withdraw the amount by means of a withdrawal form.

14. In the event of non-compliance of this order, the Manager, Bank of Baroda, Shakarpur Branch shall remain present in Court on the next date of hearing.

15. Learned counsel for the petitioner submits that respondent No.3 has deposited Rs.16,46,202/- with the Claims Tribunal in terms of the award dated 18th August, 2017 but the said amount has not yet been disbursed.

16. The Claims Tribunal is directed to disburse Rs.16,46,202/- in the following manner:

(i) Rs.15,00,000/- be kept in 50 FDRs of Rs.30,000/- each in the name of appellant for the period of 1 month to 50 months respectively with cumulative interest.

(ii) The balance amount, after keeping Rs.15,00,000 in FDRs, be released to appellant, Aarti Aggarwal @ Arti Aggarwal by transferring to savings bank account No. 16520100018516 with Bank of Baroda, Shakarpur Branch, Delhi IFSC: BARBOSHAKAR.

17. 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 appellant.

18. The maturity amounts of the FDRs be released to appellant in her aforesaid savings bank account.

19. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

20. Bank of Baroda, Shakarpur Branch shall permit appellant to withdraw money from her savings bank account by means of a withdrawal form.

21. List on 17th August, 2018.

22. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.

JULY 10, 2018                                           J.R.MIDHA, J.
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