IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:
02. d November, 2016 $~27 * % + MAC.APP. 1105/2013 THE NEW INDIA ASSURANCE CO. LTD. AHMAD HUSSAIN & ORS. Versus Through: Mr. J.P.N. Shahi, Advocate ..... Appellant Through: Mr. N.K. Jha, Advocate for... RESPONDENTS
No.1 and 2. ..... Respondent CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the award of the Claims Tribunal 1. whereby compensation of Rs.5,95,968/- has been awarded to respondents No.1 and 2. The accident dated 09th August, 2011 resulted in the death of 2. Mohd. Wakil. The deceased was 19 years old at the time of accident and was survived by his parents who filed the claim petition before the Claims Tribunal. The deceased was carrying on the business of supplying chickens. It was claimed that the deceased was earning Rs.9,000/- per month. The Claims Tribunal took the minimum wages of Rs.6,422/-, added 30% towards inflation, deducted 50% towards personal expenses and applied the multiplier of 11 to compute the loss of dependency at Rs.5,50,968/-. The Claims Tribunal awarded Rs.25,000/- towards loss of love and affection, Rs.10,000/- towards MAC. APP.1105/2013 Page 1 of 1 Learned counsel for the appellant urged at the time of hearing loss of estate and Rs.10,000/- towards funeral expenses. The total compensation awarded is Rs.5,95,968/- along with interest @ 7.5% per annum.
3. that the addition of 30% towards inflation be set aside.
4. Respondent No.1 is present in Court along with his counsel. Respondent No.1 is a disabled person and his complete left arm has been amputed. Respondent No.1 is a labourer and he is a resident of Village Gajpatti, P.O. Chhaprameg, District Muzaffarpur, Bihar.
5. Learned counsel for respondent No.1 seeks enhancement of the award amount under the heads of loss of love and affection, loss of estate and funeral expenses on the ground that meagre amounts have been awarded under the said heads. It is further submitted that the rate of interest @ 7.5% be enhanced to 9%.
6. With respect to the submissions made by the learned counsel for the appellant, this Court is of the view that the there is no infirmity in the Claims Tribunal adding 30% towards inflation. However, there is merit in the contention urged by the learned counsel for respondents No.1 and 2 as the compensation awarded by the Claims Tribunal under the heads of loss of love and affection, loss of estate and funeral expenses are on a lower side and they warrants enhancement. The compensation for love and affection is enhanced from Rs.25,000/- to Rs.1,00,000/-, compensation for loss of estate is enhanced from Rs.10,000/- to Rs.50,000/- and the compensation for funeral expenses is enhanced from Rs.10,000/- to Rs.25,000/-. The Claims Tribunal has awarded interest @ 7.5% which is on a lower loss of MAC. APP.1105/2013 Page 2 of 2 side and is enhanced to 9%.... RESPONDENTS
No.1 and 2 are entitled to total compensation of Rs.7,25,968/- along with interest @ 9% per annum.
7. Learned counsel for the appellant submits that respondents No.1 and 2 have not filed cross objections. This Court is duly empowered to enhance the award amount even in the absence of cross objections to do the complete justice as held by this Court in National Insurance Company Ltd. v. Komal, MANU/DE/2870/2012.
8. The appeal is dismissed. The award amount of Rs. 5,95,968/- is enhanced to Rs.7,25,968/- along with interest @ 9% per annum from the date of filing of the claim petition i.e. 02nd September, 2011.
9. The appellant has deposited Rs.6,40,204/- with the Registrar General of this Court in terms of the order dated 03rd December, 2013 out of which 80% amount has been released to respondents No.1 and 2 and the balance amount is lying in fixed deposit with UCO Bank, Delhi High Court Branch. The Registrar General is directed to instruct UCO Bank, Delhi High Court Branch to discharge the FDR in respect of 20% of the award amount. The Registrar General is further directed to transfer the statutory amount along with interest accrued thereon to UCO Bank, Delhi High Court Branch to be adjusted against the enhancement by this Court. The 80% award amount released to respondents No.1 and 2 in terms of the order dated 03rd December, 2013 is lying in FDR No.15530310445808 with UCO Bank, Delhi High Court Branch.
10. UCO Bank, Delhi High Court Branch upon discharge of FDR of 20% of the award amount and the statutory amount, shall release MAC. APP.1105/2013 Page 3 of 3 releasing Rs.50,000/- Rs.50,000/- to respondent No.1 by transferring the said amount to his savings bank account No.20780110038505 with UCO Bank, Karkardooma Courts Branch. After to respondent No.1, UCO Bank, Delhi High Court Branch shall consolidate (i) the balance amount in respect of 20% of the award amount (ii) statutory amount along with interest thereon and (iii) FDR No.15530310445808 in respect of 80% of the award amount and thereafter, issue fresh 10 FDRs of equal amount in the name of respondent No.2 for the period of 1 year, 2 years, 3 years, 4 years, 5 years, 6 years, 7 years, 8 years, 9 years and 10 years.
11. The appellant is directed to deposit the enhanced award amount with UCO Bank, Delhi High Court by means of a cheque drawn in the name of UCO Bank A/c Ahmad Hussain within four weeks.
12. The appellant shall file the affidavit of compliance of this order within one week of the deposit. The affidavit shall contain the computation of the interest on the award amount upto the date of deposit. The appellant shall send the copy of the affidavit to the respondents No.1 and 2.
13. Upon deposit of the enhanced award amount, UCO Bank, Delhi High Court Branch is directed to release 10% of the enhanced award amount to respondent No.1 by transferring the same to his savings bank account No.20780110038505 with Karkardooma Courts Branch and the balance amount be kept in four FDRs of equal amount in the name of respondent No.2 for the period of 6 months, 1½ year, 2½ years and 3½ years.
14. The monthly interest on all the FDRs of respondent No.2 shall MAC. APP.1105/2013 Page 4 of 4 or to the cheque book be credited in the individual savings bank account No.50053390256 of respondent No.2 with Allahabad Bank, Madhopur Susta Branch, Muzaffarpur, Bihar.
15. At the time of maturity, the fixed deposit amount shall be credited in the individual savings bank account of respondent No.2 with Allahabad Bank, Madhopur Susta Branch, Muzaffarpur, Bihar.
16. 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 claimants/respondents.
17. No debit claimants/respondents without permission of this Court.
18. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
19. The claimants/respondents shall approach the UCO Bank for completing the formalities for the disbursement of the award amount in terms of this order.
20. UCO Bank, Delhi High Court Branch and Karkardooma Courts Branch shall ensure that the savings bank accounts of respondents are individual accounts and not joint accounts.
21. 22. Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master. List for reporting compliance on 14th December, 2016. issued card be NOVEMBER02 2016 ak J.R. MIDHA, J.
MAC. APP.1105/2013 Page 5 of 5