IN THE HIGH COURT OF DELHI AT NEW DELHI $~33 * % + Date of Decision:
24. h October, 2016 MAC.APP. 198/2015 and C.M. Appl. 3441/2015 UNITED INDIA INSURANCE COMPANY LTD ..... Appellant Through: Mr. L.K. Tyagi, Advocate versus SHASHI PRABHA ARORA & ORS ........ RESPONDENTS
Through: Mr. Asif Hashmi, Advocate for respondents No.1 to 3 JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.17,31,000/- has been awarded to claimants/respondents No.1 and 3. The accident dated 02nd September, 2013 resulted in the death 2. of Bhim Sen Arora. The deceased was aged 55 years at the time of accident and was survived by his widow and two sons who filed claim petition before the Claims Tribunal. The deceased was working as a Sales Manager in a private firm at the time of accident. It was claimed that the deceased was earning Rs.17,000/- per month apart from commission of Rs.5,000/- per month.
3. took the income of the deceased as Rs.17,000/- per month, deducted 1/3rd towards his personal expenses and applied the multiplier of 11 to compute the loss of dependency at Rs.14,96,000/-. The Claims Tribunal awarded Rs.1,00,000/- towards The Claims Tribunal MAC.APP. 198/2015 Page 1 of 4 therefore, loss of love and affection, Rs.1,00,000/- towards loss of consortium, Rs.25,000/- towards funeral expenses and Rs.10,000/- towards loss of estate. The total compensation awarded is Rs.17,31,000/-.
4. Learned counsel for the appellant urged at the time of hearing that the income of the deceased has not been sufficiently proved with documentary evidence and, the minimum wages of Rs.9,386/- be taken into consideration. It is further submitted that the penal interest of 12% per annum be set aside. Learned counsel for respondents No.1 to 3 submits that the employer came in the witness box and proved the certificate Ex.PW-2/1.
5. This Court is of the view that the income of the deceased has not been sufficiently proved. The income of the deceased is, therefore, taken as Rs.9,386/- in respect of a skilled worker and 30% is added thereon towards inflation. The income of the deceased is taken as Rs.12,202/- (Rs.9,386/- + 30% of Rs.9,386/-). Taking the income of the deceased as Rs.9,386/-, adding 30% towards inflation, deducting 1/3rd towards the personal expenses, applying the multiplier of 11, the loss of dependency is computed as 10,73,776/-. Adding compensation for loss of love and affection, loss of consortium, funeral expenses and loss of estate, as awarded by the Claims Tribunal, the total compensation is computed as Rs.13,08,776/-. The appeal is allowed and the award amount is reduced from 6. Rs.17,31,000/- to Rs.13,08,776/-. The penal interest @ 12% is set aside and the interest @ 9% per annum is awarded.
7. The appellant has deposited the entire award amount with State Bank of India, Saket Court Branch, out of which some amount was MAC.APP. 198/2015 Page 2 of 4 released to the respondents and the balance is lying in FDRs with State Bank of India, Saket Court Branch. As per Accounts Officer of this Court, the appellant is entitled 8. to refund of Rs.2,03,759/-. State Bank of India, Saket Court Branch is directed to refund Rs.2,03,759/- to the appellant.
9. State Bank of India, Saket Court Branch is directed to release 10% of the balance amount to respondents no.1 and 3 in equal shares by transferring the same to their individual savings bank accounts and keep 90% in FDRs in the following manner: Resp.3 Son Resp. 1 Widow Sr. No.1. 2.
6. Duration of FDR1yr 2 yrs 3 yrs 4 yrs 5 yrs 6 yrs 10% 10% 10% 10% 10% 10% 60% 5% 5% 5% 5% 5% 5% 30% 90% TOTAL Grand Total The monthly interest on all 10. the FDRs shall be paid to respondents No.1 and 3 by transferring the said amount to their individual savings bank accounts.
11. At the time of maturity, the fixed deposit amount shall be credited the claimants/beneficiaries.
12. All the original FDRs shall be retained by State Bank of India, Saket Court Branch. However, the photocopies of the same shall be individual accounts savings bank in the of MAC.APP. 198/2015 Page 3 of 4 card be issued to or the book cheque provided to the claimants/beneficiaries.
13. No debit claimants/respondents without permission of this Court.
14. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
15. The claimants/respondents No.1 and 3 shall approach the State Bank of India for completing the formalities for the disbursement of the award amount in terms of this order.
16. State Bank of India, Saket Court Branch shall ensure that the savings bank accounts of respondents No.1 and 3 are individual accounts and not joint accounts.
are at liberty to approach this Court for release of further amount in case of any financial exigency.
18. The statutory amount be refunded back to the appellant.
19. Appeal along with the pending application is disposed of.
20. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master. OCTOBER24 2016 rsk J.R. MIDHA, J.
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