$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:
18. h November, 2016 + MAC.APP. 751/2016 and C.M. Appl. 33429/2016 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. J.P.N. Shahi, Adv. Versus VANDANA KUMARI & ORS. ........ RESPONDENTS
Through: Mr. Arun Sharma, Advocate for... RESPONDENTS
No.1 to 6. 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.14,64,826/- has been awarded to claimants/respondents No.1 to 6.
2. The accident dated 28th May, 2009 resulted in the death of Mukesh Kumar. The deceased was aged 24 years at the time of the accident and was survived by his widow, two minor children, parents and one dependent unmarried sister who filed the claim petition before the Claims Tribunal.
3. The Claims Tribunal took the minimum wages of Rs.4,382/-, added 50% towards inflation, deducted 1/4th towards personal expenses and applied the multiplier of 18 to compute the loss of dependency as Rs.10,64,826/-. The Claims Tribunal awarded Rs.1,50,000/- towards loss of love and affection, Rs.1,50,000/- towards loss of consortium, Rs.50,000/- towards funeral expenses and Rs.50,000/- towards loss of estate. The total compensation awarded is MAC. APP. 751/2016 Page 1 of 4 Rs.14,64,826/-.
4. Learned counsel for the appellant urged at the time of hearing of the appeal that the future prospects should not be taken into consideration and the compensation for loss of love and affection, loss of consortium, loss of estate and funeral expenses be reduced.
5. Respondent No.1 is present in Court and she submits that her two sons aged 9 and 7 years are studying. She further submits that there is no earning member in the family and they regularly borrow money from relatives for sustenance.
6. This Court is of the view that the compensation awarded to respondents No.1 to 6 is just, fair and reasonable and does not warrant any reduction. There is no infirmity in the Claims Tribunal adding 50% towards inflation. The compensation awarded towards loss of love and affection, loss of consortium, loss of estate and funeral expenses is also fair and reasonable.
8. The appeal is dismissed. The appellant has deposited Rs.23,30,936/- with UCO Bank, Delhi High Court Branch in terms of the order dated 14th September, 2016. UCO Bank, Delhi High Court Branch is directed to keep Rs.22,00,000/- in fixed deposit in the following manner:-
"Sr. No.Duration of FDR Resp. 1 (Widow) Resp. 2 (Father) FDR amount (Rs.) Resp. 3 (Mother) Resp. 4 (Sister) FDR FDR amount amount (Rs.) (Rs.) 25,000/- 25,000/- 25,000/- FDR amount (Rs.) 80,000/
6. 1 yr 2 yrs 3 yrs 4 yrs 5 yrs 6 yrs 80,000/- 25,000/- 25,000/- 25,000/- 80,000/- 25,000/- 25,000/- 25,000/- 80,000/- 25,000/- 25,000/- 25,000/- 80,000/- 80,000/- - - 25,000/- 25,000/- - - Resp. 5 (Son) FDR amount (Rs.) Resp. 6 (Son) FDR amount (Rs.) Rs.5,00,000/- of the amount be kept in FDR till he attains the age of majority. On attaining Rs.5,00,000/- of the amount be kept in FDR till he attains the age of majority. On attaining MAC. APP. 751/2016 Page 2 of 4 7.
8. 9. 7 yrs 8 yrs 9 yrs 80,000/- 80,000/- 80,000/- 10. 10 yrs 80,000/- - - - - 25,000/- 25,000/- - - - - majority, the bank shall release Rs.50,000/- to respondent No.5 and balance amount be kept in 7 FDRs of equal amount for a period of 1 year, 2 years, 3 years, 4 years, 5 years, 6 years and 7 years. majority, the bank shall release Rs.50,000/- to respondent No.6 and balance amount be kept in 7 FDRs of equal amount for a period of 1 year, 2 years, 3 years, 4 years, 5 years, 6 years and 7 years. TOTAL800,000/- 1,00,000/- 2,00,000/- 1,00,000/- 5,00,000/- 5,00,000/- GRAND TOTAL2200,000/
The balance amount, after keeping the amount of Rs.22 lakh, in fixed deposit be released to respondents No.1 to 4 in equal shares by transferring the same to their individual savings banks accounts.
No.1 to 4 have savings bank accounts in State Bank of India, Tis Hazari Courts. The UCO Bank, Delhi High Court Branch shall transfer the amount in terms of the para 9 above to the savings bank account of respondents No.1 to 4 in State Bank of India, Tis Hazari Courts.
11. Monthly interest on the FDRs of the respondents No.1 to 4 shall be credited in their individual savings bank accounts near the place of their residence. However, the monthly interest on the FDRs of the two minor children, namely, respondents No.5 and 6 shall be credited to the savings bank account of respondent No.1.
12. At the time of maturity, the fixed deposit amount shall be automatically credited in the individual savings bank accounts of the beneficiaries near the place of their residence. MAC. APP. 751/2016 Page 3 of 4 13.... RESPONDENTS
No.1 to 4 shall open savings bank accounts near the place of residence and they shall provide the particulars of their savings bank accounts with UCO Bank, Delhi High Court Branch. UCO Bank shall transfer the maturity amount and the monthly interest in individual savings bank accounts of respondents No.1 to 4 near the place of their residence in terms of this order.
14. All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, the photocopies of the same shall be provided to respondents No.1 to 4.
15. No cheque book or debit card be issued to the claimants/respondents No.1 to 4 without permission of this Court.
16. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
17. The claimants/respondents No.1 to 4 shall approach the UCO Bank for completing the formalities for the disbursement of the award amount in terms of this order.
18. UCO Bank, Delhi High Court Branch shall ensure that the savings bank accounts of respondents No.1 to 4 are individual accounts and not joint accounts.
19. The statutory amount be refunded back to the appellant.
20. List for reporting compliance on 21st December, 2016.
21. Copy of this judgment be given dasti to learned counsel for the parties under signature of Court Master. NOVEMBER18 2016 ak J.R. MIDHA, J.
MAC. APP. 751/2016 Page 4 of 4