IN THE HIGH COURT OF DELHI AT NEW DELHI $~31 * % + MAC.APP. 179/2016 and C.M. Appl. 6924/2016 THE NEW INDIA ASSURANCE CO. LTD. Date of Decision:
02. d November, 2016 Through: Mr. J.P.N. Shahi, Advocate ........ Petitioner
versus MEHRAJ KHAN & ORS. ..... Respondent Through: Mr. Navneet Goyal and Ms. Sneha Savant, Advocates for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the award of the Claims Tribunal 1. whereby the compensation of Rs.32,99,530/- has been awarded to respondent No.1. The accident dated 26th March, 2011 resulted in crush injuries 2. on left thigh (inguinal region till lower 1/3rd) with lost distal pulsation and pubic area involving scrotum and base of phallus extending upto inguinal region, thigh and pelvis. Respondent No.1 was diagnosed with femoral artery thrombosis (at inguinal level) with fracture shaft of femur (left) with massive skin flap avulsion on left thigh and extensive wound extending into both groin and perineum upto gluteal region. Respondent No.1 remained hospitalised from 26th March, 2011 till 03rd April, 2011. Respondent No.1 underwent femoral artery repair and debridement with skin tagging on 26th March 2011. Respondent No.1 was referred to Safdarjung Hospital, Delhi where he MAC. APP. 179/2016 Page 1 of 1 remained hospitalised for 4-5 months. His lower limb is not working due to the permanent disability. He cannot move/walk without escort or crutches. Respondent No.1 was aged 24 years at the time of accident and was working as Civil Engineer with AssitMax Developers, at a salary of Rs.19,550/- per month. The permanent disability of respondent No.1 was assessed at 50% in respect of whole body. The Claims Tribunal took the functional disability of the appellant as 50% in respect of whole body and awarded Rs.4,69,200/- towards loss of income, Rs.21,11,400/- towards loss of earning capacity due to the permanent disability, Rs.1,00,000/- towards loss of pain and suffering, Rs.1,00,000/- towards loss of amenities and enjoyment of life, Rs.50,000/- towards special diet and conveyance, Rs.84,000/- towards attendant charges, Rs.50,000/- towards future treatment, Rs.2,34,930/- towards medical expenses and Rs.1,00,000/- towards marriage prospects. The Claims Tribunal awarded the total compensation of Rs.32,99,530/-.
3. Learned counsel for the appellant urged at the time of hearing of the appeal that the functional disability of the appellant be reduced from 50% to 25%. Respondent No.1 is present in Court and his condition has been 4. seen by this Court as well as learned counsels for both the parties. This Court is satisfied that the functional disability of 50% taken by the Claims Tribunal is just, fair and reasonable and does not warrant any interference.
5. Learned counsel for the appellant next submits that the Claims Tribunal has awarded the interest @ 12% per annum which is on a higher side. The rate of interest is reduced from 12% to 9%. MAC. APP. 179/2016 Page 2 of 2 amount of The appeal is partially allowed to the extent that the rate of the award of 6. interest is reduced from 12% to 9%. However, Rs.32,99,530/- passed by the Claims Tribunal is upheld.
7. The Claims Tribunal has recovered the entire award amount by way of attachment, out of which 30% amount has been released to respondent No.1 in terms of order dated 25th February, 2016 and the balance FDR No.20780310187678 with UCO Bank, Karkardooma Court Branch. With respect released to respondent No.1 Rs.6,85,929/- is lying in FDR No.20780310187661 with UCO Bank, Karkardooma Court.
8. UCO Bank, Karkardooma Court Branch is directed to consolidate both the FDRs and keep Rs.38 lakh in FDR the name of respondent No.1 in the following manner: - to 30% amount Rs.32,01,001/- lying is in Sr. No.Duration of FDR1 2.
11. * 1 yr 2 yrs 3 yrs 4 yrs 5 yrs 6 yrs 7 yrs 8 yrs 9 yrs 10 yrs 10 yrs TOTAL Resp. 1 FDR amount (Rs.) 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 1,50,000/- 23,00,000/- 38,00,000/- MAC. APP. 179/2016 Page 3 of 3 * FDR for Rs.23,00,000/- of respondent No.1 (at serial No.11) on maturity shall be renewed by issuing 10 FDRs of Rs.1,50,000/- each for a period of 1 year, 2 years, 3 years, 4 years, 5 years, 6 years, 7 years, 8 years, 9 years, 10 years and 1 FDR of Rs.8,00,000/- for a period 10 years. the above FDR of Rs.8,00,000/-shall further be kept in four FDRs of Rs.2,00,000/- each for the periods of 1 year, 2 years, 3 years and 4 years. The maturity amount of The monthly interest on all UCO Bank, Karkardooma Court Branch shall 9. release the balance amount, after issuing FDRs for Rs.38 lakh, to respondent No.1 by transferring the same to his individual savings bank account.
10. the FDRs shall be paid to respondent No.1 by transferring the said amount to his individual savings bank account.
11. At the time of maturity, the fixed deposit amount shall be automatically credited in the individual savings bank account of respondent No.1.
12. All the original FDRs shall be retained by UCO Bank, Karkardooma Court Branch. However, the photocopies of the same shall be provided to respondent No.1.
13. No cheque book or debit card be issued to respondent No.1 without permission of this Court.
14. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court. approach the UCO Bank, 15. respondent No.1 shall Karkardooma Court Branch for completing the formalities for the disbursement of the award amount in terms of this order.
16. UCO Bank, Karkardooma Court Branch Branch shall ensure that the savings bank account of respondent No.1 is individual account and not joint account. The MAC. APP. 179/2016 Page 4 of 4 The statutory amount be refunded back to the appellant.
17. C.M. Appl. 6924/2016 18. Application disposed of.
19. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. NOVEMBER02 2016 rsk J.R. MIDHA, J.
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