Delhi High Court
New India Assurance Co. Ltd. vs Bibi Mashroom & Ors. on 1 March, 2018
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01st March, 2018
+ MAC.APP 954/2012
NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. Shoumik Mazumdar, Advocate
versus
BIBI MASHROOM & ORS. ..... Respondents
Through: Mr. Ankit, Mr.Ishwender, Advocates
for respondents no.1 to 4.
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.4,92,000/- has been awarded to respondents
no.1 to 4.
2. On 14th March, 2006, Mohd. Tasleemuddin was travelling in Vehicle
No.HR-47-3873 as a helper and the said vehicle met with an accident near
Anand Vihar Bus Stand which resulted in the death of Mohd. Tasleemuddin.
The deceased was survived by his widow, parents and minor daughter who
filed an application for compensation before the Claims Tribunal.
3. The deceased was aged 22 years at the time of the accident and was
earning Rs.3,300/- per month. The Claims Tribunal deducted 1/3rd towards
personal expenses of the deceased and applied multiplier of 18 to compute
the loss of dependency as Rs.4,80,006/-. The Claims Tribunal awarded
Rs.5,000/- towards love and affection, Rs.5,000/- towards loss of estate and
Rs.2,000/- towards funeral expenses. The total compensation awarded is
Rs.4,92,000/-.
4. Learned counsel for the appellant urged at the time of the hearing that
the liability of the appellant under the policy is limited to the liability under
the Employees' Compensation Act and therefore, the amount is liable to be
reduced to the extent of the liability under the Employees' Compensation
Act. The second ground urged is that the driver of the vehicle was not
holding a valid driving licence and therefore, the appellant be granted
recovery rights.
5. With respect to the first contention of the appellant, this Court has
computed the liability of the appellant under the Employees' Compensation
Act. Under the Employees' Compensation Act, the claimants would have
been entitled to compensation of Rs.3,65,260.50 by taking the factor of
221.37 and multiplying with 50% of the wages of the deceased i.e.
Rs.1,650/-. The claimants would also be entitled to interest @ 12% per
annum and the liability as on today under the Employees' Compensation Act
would be more than Rs.8,50,000/- whereas the appellant has deposited
compensation of Rs.7,75,170/- under the award in question. Since the
liability of the appellant under the Employees' Compensation Act is more
than award passed by the Claims Tribunal under Section 163A of the Motor
Vehicles Act, no interference is warranted in the impugned award.
6. With respect to the second contention of the appellant with respect to
the driving licence of the driver, learned counsel for the appellant submits
that one licence of the driver of the offending vehicle was found to be
genuine. This Court is of the view that no case for grant of recovery rights is
made out since the licence of the driver has been found to be genuine.
7. The appeal is dismissed. The appellant has deposited Rs.7,75,170/-
with UCO Bank, Delhi High Court Branch (Rs.4,30,620/- in terms of order
dated 29th August, 2012 and a further sum of Rs.3,44,550/- in terms of the
order dated 28th February, 2017). As such, a total sum of Rs.7,75,170/- is
available with UCO Bank, Delhi High Court Branch.
8. Respondents no.1 to 4 have produced passbooks of their savings bank
accounts. The particulars of the savings bank accounts are as under:
(i) Bibi Mashroon @ Bibi Masrun (Respondent No.1) - A/c
No.3122522337 with Central Bank of India, Rupauli Branch, IFSC
Code: CBIN0280073.
(ii) Sahiruddin @ Sahrudin (Respondent No.2) - A/c No.3122522122
with Central Bank of India, Rupauli Branch, IFSC Code:
CBIN0280073.
(iii) Bibi Shakila @ Bibi Sakila (Respondent No.3) - A/c
No.3122521672 with Central Bank of India, Rupauli Branch, IFSC
Code: CBIN0280073.
(iv) Bibi Angoori @ Anguri (Respondent No.4) - A/c No.35511599344
with State Bank of India, Sondeep Branch, IFSC Code:
SBIN0007094.
9. The order dated 7th July, 2017 is modified and the fresh disbursement
order is passed today.
10. UCO Bank, Delhi High Court is directed to keep Rs.7 lakh in fixed
deposits in the following manner: -
(i) Rs.3 lakh be kept in 30 FDRs of Rs.10,000/- each in the name of
respondent no.1, Bibi Mashroon @ Bibi Masrun for the period 1
months to 30 months with cumulative interest.
(ii) Rs.1,00,000/- be kept in 20 FDRs of Rs.5,000/- each in the name of
respondent No.2, Sahiruddin @ Sahrudin, for the period 1 month to
20 months with cumulative interest.
(iii) Rs.1,50,000/- be kept in 30 FDRs of Rs.5,000/- each in the name of
respondent No.3, Bibi Shakila @ Bibi Sakila, for the period 1 month
to 30 months with cumulative interest.
(iv) Rs.1,50,000/- be kept in the name of respondent No.4, Bibi Angoori
@ Anguri, till she attains majority with cumulative interest. Upon
attaining majority, the bank shall release the interest accrued to
respondent No.4 and keep the principal amount of Rs.1,50,000/- in 15
FDRs of Rs.10,000/- each in the name of respondent No.4 for the
period 1 month to 15 months with cumulative interest.
11. The balance amount, after keeping Rs.7 lakh in FDRs, be released to
respondents No.1 to 3 in equal proportion by transferring the same to their
savings bank accounts mentioned in para 8 above.
12. The maturity amount of the FDRs along with interest shall be credited
in the aforesaid savings bank accounts of respective respondents.
13. All the original FDRs shall be retained by the concerned bank.
However, the statement containing FDR number, FDR amount, date of
maturity and the maturity amount be furnished to respondents.
14. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
15. The Central Bank of India, Rupauli Branch and State Bank of India,
Sondeep Branch are directed not to issue any cheque book or debit card to
respondents no.1 to 4 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 respondents no.1 to 4 shall produce the copy of this order to
the concerned bank, whereupon the bank shall make an endorsement on the
passbook of respondents no.1 to 4 that no cheque book and/or debit card
shall be issued to respondents no.1 to 4 without the permission of this Court.
However, the concerned bank shall permit respondents no.1 to 4 to withdraw
money from their savings bank account by means of a withdrawal form.
The respondents no.1 to 4 shall produce the original passbook of their
individual savings bank account with the necessary endorsement on the next
date of hearing.
16. UCO Bank, Delhi High Court Branch shall transfer the amount after
checking the endorsement in terms of para 15 above. Learned counsel for
respondents no.1 to 4 shall send the copy of the passbooks of respondents
No.1 to 4 with the endorsement to UCO Bank, Delhi High Court Branch.
17. Respondents are at liberty to approach this Court for pre-mature
discharge of FDRs in case of any financial exigency.
18. List for reporting compliance on 1st May, 2018.
19. Copy of this judgment be given dasti to the counsels for the parties
under the signature of the Court Master.
MARCH 01, 2018 J.R. MIDHA, J.
dk
