Delhi High Court
Oriental Insurance Co. Ltd. vs Shafiya & Ors. on 15 November, 2019
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 15.11.2019
+ MAC.APP. 536/2018
ORIENTAL INSURANCE CO. LTD. ..... Appellant
Through: Mr. R.K. Tripathi, Adv.
versus
SHAFIYA & ORS. ..... Respondents
Through: Mr. A.P. Singh, Mr. V.P. Singh, Ms.
Geeta Chauhan, Ms. Pratima Rani & Ms. Richa
Singh, Advs. for R- 1 to 3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
MAC.APP. 536/2018 & CM No. 23756/2018 (Stay)
1. It is the appellant's case that the impugned order dated
26.03.2018 passed by the learned MACT in Suit No. 6251/2016 has
erred insofar as it has awarded compensation on account of death of
the injured which occurred ten years after the accident. The Court
would note that the said contention is erroneous in the face of the
record. The first sentence of the award itself reads "Vide this order I
shall dispose of the claim petition filed by injured/ petitioner namely
Arshad Ali for seeking compensation for the injuries suffered by him
in an accident occurred on 19.03.2009 at about 9.30 pm near Dhrub
Enclave, Sector-22, Rohini, Delhi...".
2. A perusal of the computation of the award shows that monies
have been awarded towards "expenditure on treatment, conveyance,
special diet, cost of nursing/ attendant, loss of earning capacity, loss
of income, compensation for mental and physical shock, pain and
suffering, loss of amenities of life, disfiguration, etc". Clearly the
compensation was granted for injuries suffered by the injured years
prior to his demise. It was not an award for compensation on account
of death of the injured.
3. The Court finds no reason to interfere with the impugned order.
The appeal is without merit and is, accordingly, dismissed. The
appeal being frivolous, a cost of Rs. 50,000/- is imposed upon the
appellant. The cost of Rs. 50,000/- and the statutory amount of Rs.
25,000/-, along with interest accrued thereon, shall be paid to the
claimants as cost of litigation.
4. Of the deposited amount, an amount of Rs. 6 lacs shall be
released to the claimants, within three weeks of the receipt of the
copy of this order, directly into their bank account, details of which is
given as under:
Name Bank details Amount
Mrs. Shafiya Punjab National Bank Rs. 2,00,000/-
Begam, Mother of A/c No.7325000100128823
the deceased IFSC Code: PUNB0732500
Branch: Mohalla Abdulla,
Bilari, Moradabad, U.P.
Mr. Shakil Ahamad, State Bank of India Rs. 2,00,000/-
Father of the A/c No. 34900778292
deceased IFSC Code: SBIN0000595
Branch: Bilari, Distt.
Moradabad, U.P.
Mrs. Tabassum Bank of Baroda Rs. 2,00,000/-
Jahan, sister of the A/c No. 56410100002743
deceased Branch: Shahabad Road,
Bilari, Distt. Moradabad,
U.P.
5. The appeal is disposed off in the above terms.
NAJMI WAZIRI, J
NOVEMBER 15, 2019/kk
