Delhi High Court
Sh Ganesh vs Sh Farjanda & Ors. on 3 August, 2023
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:03.08.2023
+ CM(M) 1230/2023
SH GANESH
..... Petitioner
Through: Mr.S.N. Parashar, Adv.
versus
SH FARJANDA & ORS.
..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (ORAL)
CM APPL. 39280/2023 (Exemption)
1. Allowed, subject to all just exceptions.
CM APPL. 39281/2023
2. This application seeks condonation of 27 days delay in re-filing
of the appeal.
3. For the reasons stated in the application, the delay is condoned,
and the application is allowed.
CM(M) 1230/2023
4. This petition has been filed by the petitioner challenging the
order dated 20.05.2023 (hereinafter referred to as the 'Impugned
Order') passed by the learned Motor Accidents Claims Tribunal-02,
South West, Dwarka Court, New Delhi (hereinafter referred to as the
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:05.08.2023
18:51:13
learned 'Tribunal') in M.Ex. No.40/2023, directing the Bank to
release a sum of Rs.30,000/- per month to the petitioner herein, from
the awarded amount that is kept in the form of Fixed Deposit Receipts
(in short, 'FDRs').
5. The learned counsel for the petitioner submits that in the present
case, the petitioner had met with an accident on 13.06.2006, in which
both his legs were crushed, due to which, he became permanently
disabled and his disability was assessed at 100%. The petitioner filed
the Claim Petition before the learned Tribunal on 26.09.2006. The
learned Tribunal by its Award dated 05.10.2009 awarded only a sum
of Rs.3,38,000/- along with 9% per annum interest in favour of the
petitioner. The petitioner challenged the said Award by way of an
appeal, being MAC.APP. 64/2010. This Court, by its judgment and
order dated 06.09.2017, set aside the Award and remanded the matter
back to the learned Tribunal. By an Award dated 29.04.2022, the
learned Tribunal enhanced the compensation amount to
Rs.23,17,800/- along with interest at the rate of 9% per annum, that is
a total of Rs.55,93,900/-, and also awarded a sum of Rs.5,00,000/- to
the petitioner towards the artificial limb. By the said Award, it was
directed that the 10% of the awarded amount be disbursed to the
petitioner, while the remaining amount be kept in FDRs
(approximately 450 FDRs) in a nationalized bank with each FDR
being of Rs.10,000/- to be released on a monthly basis to the
petitioner. The said Award gained finality inasmuch as it was not
challenged by the petitioner or the respondent no.3. The petitioner,
thereafter filed an application seeking release of Rs.20 lacs for his
Signature Not Verified needs, however, the said application was dismissed by the
personal
Digitally Signed By:SUNIL
Signing Date:05.08.2023
18:51:13
learned Tribunal, vide order dated 12.09.2022. The petitioner again
filed an application before the learned Tribunal to at least increase the
quantum of the monthly released amount from Rs.10,000/- to
Rs.1,00,000/-. The learned Tribunal by its Impugned Order took note
of the fact that if the amount is released in terms of the Award, such
release would take another 37.5 years. The petitioner is already aged
around 62 years and, therefore, the compensation awarded to him will
become illusionary. Based on the above submission made by the
learned counsel for the petitioner, the learned Tribunal by its
Impugned Award has enhanced the monthly released amount to
Rs.30,000/- per month.
6. The learned counsel for the petitioner submits that even this
enhanced amount will take more than 15 years for the total amount to
be released to the petitioner. He submits that the petitioner is a well
educated person and was working as a Sub- Inspector with the Delhi
Police. He has now retired from the service. He submits that by such a
prolonged release, in fact, the compensation awarded to the petitioner
would become illusionary. He submits that the petitioner is in a
position to better invest the awarded amount so as to make his life
better.
7. I have considered the submissions made by the learned counsel
for the petitioner.
8. Keeping in view the relief sought, I do not deem it necessary to
issue notice of the petition to the respondents. As stated by the learned
counsel for the petitioner, the Award dated 29.04.2022 has been
accepted by the respondents and the amount of compensation stands
Signature Not Verified in terms thereof. The issue of release of the amount shall,
deposited
Digitally Signed By:SUNIL
Signing Date:05.08.2023
18:51:13
therefore, be between the petitioner and the Court.
9. Keeping in view the fact that the accident took place in 2006
and it is only in the year 2022 that the compensation amount was
finally determined in favour of the petitioner; the petitioner is
presently aged around 62 years; he has lost both his lower limbs and
his disability was assessed at 100%, in my view, the release of
compensation in such a meager amount, as directed by the learned
Tribunal, would make the same illusionary for the petitioner. The
petitioner needs this compensation today rather than tomorrow for a
better living.
10. Accordingly, the Impugned Order is modified. It is directed that
the Branch Manager, UCO Bank, Debar Road, Civil Lines, Delhi-
110054, shall release a sum of Rs.1,00,000/- per month to the
petitioner from the awarded amount kept in the form of FDRs. For the
said purpose, the FDRs shall be encashed and the amount realized on
such encashment, including the interest, shall be re-invested in fresh
FDRs of Rs. 1,00,000/- each, encashable each month on a progressive
basis.
11. The present petition is allowed in the above terms.
NAVIN CHAWLA, J
AUGUST 3, 2023/rv/am
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:05.08.2023
18:51:13
