Delhi High Court
Meerut City Transport Service ... vs Bilqees Khan & Ors on 5 October, 2018
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05th October, 2018
+ MAC.APP. 281/2017, CM No.10924/2017
MEERUT CITY TRANSPORT SERVICE LTD. ..... Appellant
Through: Mr. Shadab Khan, Adv. for
Ms. Garima Prashad, Adv.
versus
BILQEES KHAN & ORS ..... Respondents
Through: Mr. Dilawar Singh, Adv. for R-1 to 5
along with R-1 & 2.
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.12,20,196/- has been awarded to
respondent nos.1 to 5.
2. The accident dated 26th February, 2013 resulted in the death of
Mumtaz Khan, the deceased was aged 62 years at the time of the accident
and was survived by a widow, one son and three daughters. The deceased
was self-employed and was earning Rs.13,753/- per month.
3. The Claims Tribunal took the income of the deceased as Rs.13,753/-
per month, deducted 1/3rd towards his personal expenses and applied the
multiplier of 7 to award Rs.7,70,196/- towards loss of dependency. The
Claims Tribunal further awarded Rs.2,00,000/- towards the marriage of the
unmarried daughters, Rs.1,00,000/- for loss of love and affection,
Rs.1,00,000/- for loss of consortium, Rs.25,000/- towards loss of estate and
Rs.25,000/- towards funeral expenses. Total compensation awarded is
Rs.12,20,196/-.
4. Learned counsel for the appellant urged at the time of hearing that the
bus in question was not involved in accident and the deceased was hit by an
unknown car. Without prejudice, it is submitted that the non-pecuniary
compensation be reduced to Rs.70,000/- in terms of principle laid down in
National Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC
Online SC 1270.
5. Learned counsel for the claimants submits that the eye-witness, PW-4
confirmed the involvement of the appellant's bus in the accident. Learned
counsel, however, has no objection to the reduction of the non-pecuniary
compensation.
6. This Court is satisfied that the appellant's bus is involved in the
accident and the accident occurred due to rash and negligent driving by the
appellant's bus. The compensation of Rs.7,70,196/- computed by Claims
Tribunal for loss of dependency is upheld. The compensation awarded by
the Claims Tribunal under the non-pecuniary head is reduced to Rs.70,000/-
(Rs.40,000/- for loss of consortium, Rs.15,000/- for loss of estate and
Rs.15,000/- for funeral expenses). The claimants are entitled to total
compensation of Rs.8,40,196/-.
7. The appeal is allowed and the award amount is reduced from
Rs.12,20,196/- to Rs.8,40,196/- along with the interest at the rate of 9% per
annum w.e.f. date of filing of the claim petition i.e. 15th May, 2013.
8. As per the calculation done by the Accounts Officer of this Court, the
claimants are entitled to Rs.12,47,840.68 which includes the interest upto
date.
9. The appellant has deposited an amount of Rs.15,54,955/- with the
Claims Tribunal.
10. The Claims Tribunal is directed to disburse Rs.12,47,840.68 to the
claimants in the following manner:-
(i) Rs.11,00,000/- be kept in 110 FDRs of Rs.10,000/- each, in the name
of respondent No.1 for the period 1 month to 110 months, respectively with
cumulative interest.
(ii) The balance, amount after keeping Rs.11,00,000/- in FDRs be
released to respondent No.1, by transferring the same to her savings bank
A/c 1603000102174175 with Punjab National Bank, Laxmi Nagar Branch,
Delhi (IFSC Code: PUNB0160300).
(iii) All the original FDRs shall remain with UCO Bank, Karkardooma
Courts complex. However, the statement containing FDR number, amount,
date of maturity and maturity amount shall be furnished by UCO Bank to
respondent No.1.
(iv) The maturity amounts of the FDRs be released to respondent No.1 in
her savings bank account.
(v) No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
(vi) Punjab National Bank, Laxmi Nagar Branch, Delhi shall permit
respondent No.1 to withdraw money from her savings bank account by
means of withdrawal form.
11. After disbursing Rs.12,47,840.68 to the claimants, the Claims
Tribunal is directed to refund the remaining amount along with interest
accrued thereon, to the appellant.
12. The statutory amount deposited by the appellant be also refunded back
to the appellant.
13. Pending application is disposed of.
14. List for reporting compliance on 14th December, 2018.
15. Copy of this judgment be given dasti to counsels for the parties under
signatures of the Court Master.
OCTOBER 5, 2018 J.R.MIDHA, J.
aruna
