$~34 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
24. h October, 2016 + MAC.APP. 512/2015 and C.M. Appl. Nos.11614/2015 & 14066/2016 BAJAJ ALLIANZ GENERAL INSURANE CO LTD. Through: Mr. Rajat Brar, Advocate .... Appellant versus MAYA DEVI & ORS ........ RESPONDENTS
and Through: Mr. Niteshwar Singh, Mr.Amreshwar Advocates for respondents No.1 to 6 Singh CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.11,49,556/- has been awarded to claimants/respondents No.1 to 6. The accident dated 01st June, 2008 resulted in the death of Om 2. Prakash. The deceased was 54 years of age at the time of accident and was working as a cart-seller. The Claims Tribunal took minimum wages as income of the deceased, added 30% towards inflation, deducted 1/3rd towards his personal expenses and applied the multiplier of 11 to compute the loss of dependency of Rs.4,79,556/-. MAC.APP. 512/2015 Page 1 of 4 Learned counsel for the respondents submits that compensation The Claims Tribunal awarded Rs.25,000/- towards medical expenses, Rs.6,00,000/- towards loss of love and affection, Rs.10,000/- towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The total compensation awarded is Rs.11,49,556/
Learned counsel for the appellant urged at the time of hearing of this appeal that the compensation awarded under the heads of loss of love and affection be reduced to Rs.1 lakh; the addition of 30% towards inflation be set aside, and the recovery rights be given to the appellant as the offending vehicle was being driven by a minor.
4. awarded under the head of loss of consortium be enhanced.
5. This Court is of the view that the compensation awarded under the head of loss of love and affection warrants reduction. The compensation of reduced from Rs.6,00,000/- to Rs.2,00,000/-. The compensation awarded under the head of to Rs.1,00,000/-. There is no infirmity in addition of 30% towards inflation on the minimum wages. The offending vehicle was driven by a minor at the time of accident and, therefore, the appellant is granted recovery rights against respondents No.7 and 8. The appeal is allowed and the award amount is reduced from 6. Rs.11,49,556/- to Rs.8,39,556/- along with interest @ 9% per annum from date of filing of petition. As the driver of offending vehicle was minor at the time of the accident, the appellant are granted recovery rights to recover the award amount from respondents no.7 and 8. loss of consortium is enhanced from Rs.10,000/- loss of love and affection is MAC.APP. 512/2015 Page 2 of 4 The appellant has deposited Rs.18,55,068/- with the Registrar 7. General of this Court which is lying in fixed deposit. The appellants are entitled to Rs.8,59,556/- along with interest 8. thereon which as on today comes to Rs.14,49,005/-and the balance amount of Rs.4,06,063/- is to be refunded to the appellant, as per the calculation done by the Accounts Officer of this Court. The Registrar General is directed to instruct UCO Bank, Delhi High Court Branch to refund Rs.4,06,063/- as well as the statutory amount to the appellant.
9. The Registrar General is further directed to instruct UCO Bank to disburse Rs.14,49,005/- by keeping Rs.13 lakh in FDRs in the following manner: Sr. No.Duration of FDR Resp. 3 Resp. 4 Daughter (in Rs.) Resp. 5 Daughter (in Rs.) Resp. 1 Widow (in Rs.) Resp. 2 Son (in Rs.) Son (in Rs.) 1.
6. 7. 1 yr 2 yrs 3 yrs 4 yrs 5 yrs 6 yrs 7 yrs TOTAL100,000/- 1,00,000/- 1,00,000/- 1,00,000/- 1,00,000/- 1,00,000/- 1,00,000/- 7,00,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- 40,000/- - - - - - - - - - - - - - - - - Resp. 6 Daughter (in Rs.) 40,000/- 40,000/- 40,000/- - - - - 1,20,000/- 1,20,000/- 1,20,000/- 1,20,000/- 1,20,000/- GRAND TOTAL Rs.13,00,000/- 10. The balance, amount after keeping Rs.13,00,000/- in FDRs, be released to respondents No.1 to 6 by transferring the same to their individual savings bank accounts in equal shares.
11. The monthly interest on the FDRs of the respondents shall be MAC.APP. 512/2015 Page 3 of 4 or debit card be to the cheque book issued credited to their individual savings bank accounts.
12. At the time of maturity, the fixed deposit amount shall be credited in the savings bank accounts of the beneficiaries.
13. All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, the photocopies of the same shall be provided to the respondents/beneficiaries.
14. No claimants/respondents without permission of this Court.
15. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
16. The claimants/respondents shall approach the UCO Bank, Delhi High Court Branch for completing the formalities for the disbursement of the award amount in terms of this order.
17. The UCO Bank, Delhi High Court Branch shall ensure that the savings bank accounts of respondents are individual accounts and not joint accounts.
18. for release of further amount in case of any financial exigency.
19. Appeal and the pending applications are disposed of.
20. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. The respondents/claimants are at liberty to approach this Court OCTOBER24 2016 rsk J.R. MIDHA, J.
MAC.APP. 512/2015 Page 4 of 4