Delhi High Court
Reliance General Insurance ... vs Sudhira & Ors on 26 October, 2018
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 26th October, 2018
+ MAC.APP. 1080/2017 & CM APPL.44656/2017
RELIANCE GENERAL INSURANCE
COMPANY LTD ..... Appellant
Through: Ms. Prerna Mehta, Advocate.
versus
SUDHIRA & ORS ..... Respondents
Through: Ms. Kavita Tyagi and Mr. Navneet
Goyal, Advocates for R1 to R4.
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.13,63,000/- has been awarded to the
claimants/respondents No.1 to 4. The appellant seeks reduction of the award
amount.
2. The accident dated 04th September, 2013 resulted in the death of
Rambir. The deceased was aged 50 years at the time of accident and was
survived by his widow and three minor children. The deceased was working
as a juice vendor.
3. The Claims Tribunal took the minimum wages of Rs.8,086/- per
month as income of the deceased, deducted 1/4th towards his personal
expenses and applied multiplier of 13 to compute the loss of dependency as
Rs.9,46,062/-. The Claims Tribunal awarded Rs.16,083.42 towards medical
treatment, Rs.1,50,000/- towards loss of love and affection, Rs.1,50,000/-
towards loss of consortium, Rs.50,000/- towards loss of estate and
Rs.50,000/- towards funeral expenses. The Claims Tribunal has awarded
total compensation of Rs.13,63,000/-.
4. Learned counsel for the appellant urged at the time of hearing that
minimum wages of Rs.7,722/- should have been taken into consideration. It
is further submitted that the non-pecuniary compensation awarded by the
Claims Tribunal be reduced to Rs.70,000/- (Rs.40,000/- towards loss of
consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards
funeral expenses) in terms of principles laid down in National Insurance
Co. Limited v. Pranay Sethi, 2017 SCC Online SC 1270.
5. Learned counsel for the claimants submits that future prospects of
10% be awarded in terms of principles laid down in Pranay Sethi (supra).
6. The Claims Tribunal has taken minimum wages of Rs.8,086/- as on
01st October, 2013 considering that the deceased died on 04 th September,
2013. There is no infirmity in the minimum wages of Rs.8,086/- taken by the
Claims Tribunal. The claimants are entitled to future prospects of 10% in
terms of principles laid down in Pranay Sethi (supra). The non-pecuniary
compensation awarded by the Claims Tribunal is liable to be reduced to
Rs.70,000/- (Rs.40,000/- towards loss of consortium, Rs.15,000/- towards
loss of estate and Rs.15,000/- towards funeral expenses) in terms of the
principles laid down in Pranay Sethi (supra).
7. Taking the income of the deceased as Rs.8,086/- per month, adding
future prospects of 10%, deducting 1/4th towards the personal expenses and
applying the multiplier of 13, the loss of dependency is computed as
Rs.10,40,668/-. Adding Rs.16,083/- towards medical treatment and
Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate
and Rs.15,000/- towards funeral expenses, the total compensation computed
as Rs.11,26,751/-.
8. The appeal is allowed and the compensation amount is reduced from
Rs.13,63,000/- to Rs. Rs.11,26,751/- along with interest at rate of 9% per
annum from the date of institution of petition i.e. 27th June, 2014.
9. The appellant has deposited the entire award amount with the
Registrar General of this Court in terms of order dated 8th December, 2017.
10. As per the calculation done by the Accounts Officer of this Court, the
claimants are entitled to Rs.15,65,790/- (Principal of Rs.11,26,751/- +
Interest of Rs.4,39,039/-).
11. Respondent No.1 is present in Court and has produced the passbook
of her savings bank accounts. The details of savings bank account of
respondent no.1, Sudhira Devi are as follows:
Saving Bank Account No. 32207668991 with Central Bank of India,
Jhanjharpur Branch, Madhubani, Bihar- 847403
IFSC Code: CBIN0280056
12. It is submitted that the Central Bank of India, Jhanjharpur Branch has
not done the endorsement in terms of the order dated 08 th December, 2017.
The Manager, Central Bank of India, Jhanjharpur Branch is again directed
not to issue any cheque or debit card to the respondent no.1 and if the same
have already been issued, Central Bank of India is directed to cancel the
same and make an endorsement on the passbook to this effect. The
respondent No.1 shall produce the copy of this judgment to the Manager,
Central Bank of India, Jhanjharpur Branch, whereupon the Central Bank of
India, Jhanjharpur Branch shall make an endorsement on the passbook of
respondent No.1 that no cheque book and/or debit card shall be issued to
respondent No.1 without the permission of this Court. However, the Central
Bank of India, Jhanjharpur Branch shall permit respondent No.1 to withdraw
money from her savings bank account by means of a withdrawal form. The
respondent No.1 shall produce the original passbook of her savings bank
account with the necessary endorsement on the next date of hearing.
13. The Registrar General of this Court is directed to disburse
Rs.15,65,790/- to respondent No.1 by instructing UCO Bank, Delhi High
Court Branch as under:-
(i) Rs.14,40,000/- be kept in 120 FDRs of Rs.12,000/- each in the
name of respondent No.1 for the period 1 month to 120 months,
respectively with cumulative interest.
(ii) The balance amount, after disbursing Rs.14,40,000/- to
respondent No.1, be released to respondent No.1 by transferring the
same to her savings bank account with Central Bank of India,
Jhanjharpur Branch as mentioned above.
(iii) All the original FDRs shall remain with UCO Bank, Delhi High
Court Branch. 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) Central Bank of India, Jhanjharpur Branch shall permit
respondent No.1 to withdraw money from her savings bank account by
means of a withdrawal form.
14. The balance amount, after disbursing Rs.15,65,790/- to respondent
No.1, be refunded back to the appellant.
15. The statutory amount be also refunded back to the appellant.
16. Pending application is disposed of.
17. List for reporting compliance on 13th December, 2018.
18. Copy of this judgment be given dasti to counsels for the parties under
signature of Court Master.
OCTOBER 26, 2018 J.R.MIDHA, J.
ak
