Delhi High Court
Oriental Insurance Co.Ltd. vs Ram Kishan & Ors. on 21 April, 2010
Author: J.R. Midha
Bench: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.247/2009
Date of Decision: 21st April, 2010
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ORIENTAL INSURANCE CO.LTD. ..... Appellant
Through : Mr. Pradeep Gaur, Adv.
versus
RAM KISHAN & ORS. ..... Respondents
Through : Mr. R.K. Bachchan, Adv. for
R-1 and R-2.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.7,35,000/- has been awarded to claimants/respondents No. 1 and 2.
2. The accident dated 1st February, 2006 resulted in the death of Sunil Kumar. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.
3. The deceased was aged 18 years at the time of the accident and was self employed earning Rs.6,000/- per month. The learned Tribunal took the income of the deceased to be Rs.7,438/- per month, deducted 1/2 towards his personal expenses and applied the multiplier of 15 to MAC.APP.No.247/2009 Page 1 of 6 compute the loss of dependency at Rs.6,69,420/-. The learned Tribunal has awarded Rs.50,000/- towards loss of love and affection and Rs. 15,000/- towards funeral expenses. The learned Tribunal has awarded total compensation of Rs.7,35,000/- to claimants/respondents No.1 and 2.
4. The learned counsel for the appellant submits that the deceased was self employed and, therefore, the future prospects could not have been taken into consideration according to the judgment of Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129. The contention of learned counsel for the appellant is accepted. The deceased was self employed earning Rs.6,000/- per month and the learned Tribunal erred in taking the income of the deceased as Rs.7,438/-. The income of the deceased is taken as Rs.6,000/- per month, 1/2 is deducted towards his personal expenses and multiplier of 15 is applied to compute the loss of dependency at Rs.5,40,000/- (Rs.6,000 x 1/2 x 12 x 15).
5. The Claims Tribunal has not awarded any compensation for loss of estate. Rs.30,000/- is awarded towards loss of estate. The respondents No.1 and 2 are entitled to the total compensation of Rs.6,35,000/- (Rs.5,40,000 + Rs.50,000 + Rs.15,000 + Rs.30,000) MAC.APP.No.247/2009 Page 2 of 6
10. The appeal is allowed and the award amount is reduced from Rs.7,35,000/- to Rs.6,35,000/- along with interest @7.5% per annum from the date of filing of the petition till realization.
11. The appellant has deposited the entire award amount along with interest with the Claims Tribunal after adjusting the statutory amount of Rs.25,000/- deposited in this appeal, out of which Rs.1,00,000/- has been released to the claimants and remaining amount is lying in the fixed deposit and the original fixed deposits have been retained by the Claims Tribunal. The statutory amount of Rs.25,000/- be refunded to the appellant within 30 days.
12. The appellant is entitled to refund of Rs.75,000/- (Rs.7,35,000 - Rs.6,35,000) along with interest paid by them on the said amount after adjusting the statutory amount of Rs.25,000/-. It is clarified that the appellant shall be entitled only to the interest paid by them on Rs.75,000/- while depositing the award amount.
13. The Claims Tribunal is directed to discharge all the pending fixed deposit receipts and direct the Bank to refund the amount in terms of this judgment to the appellant within two weeks.
14. With respect to the remaining amount, the Claims Tribunal is directed to release 10% of the amount to respondents/claimants No.1 and 2 by transferring the said amount to their Saving Bank Account. The remaining MAC.APP.No.247/2009 Page 3 of 6 amount be kept in the joint names of respondents/claimants No.1 and 2 in the following manner:-
(i) Fixed deposit in respect of 10% of the amount for a period of six months.
(ii) Fixed deposit in respect of 10% of the amount for a period of one year.
(iii) Fixed deposit in respect of 10% of the amount for a period of one and a half years.
(iv) Fixed deposit in respect of 10% of the amount for a period of two years.
(v) Fixed deposit in respect of 10% of the amount for a period of two and a half years.
(vi) Fixed deposit in respect of 10% of the amount for a period of three years.
(vii) Fixed deposit in respect of 10% of the amount for a period of three and a half years.
(viii) Fixed deposit in respect of 10% of the amount for a period of four years.
(ix) Fixed deposit in respect of 10% of the amount for a period of four and a half years.
15. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the joint Savings Account of respondents/claimants No.1 and 2.
16. Withdrawal from the aforesaid account shall be permitted to respondents/claimants No.1 and 2 after due MAC.APP.No.247/2009 Page 4 of 6 verification and the Bank shall issue photo Identity Card to respondents/claimants No.1 and 2 to facilitate identity.
17. No cheque book be issued to respondents/claimants No.1 and 2 without the permission of this Court.
18. The Bank shall issue Fixed Deposit Pass Book instead of the FDRs to respondents/claimants No.1 and 2 and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiaries at the end of the FDR.
19. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.
20. Half yearly statement of account be filed by the Bank in this Court.
21. On the request of respondents/claimants No.1 and 2, the Bank shall transfer the Savings Account to any other branch according to their convenience.
22. Respondents/claimants No.1 and 2 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member- Retail Team, UCO Bank Zonal, Parliament Street, New Delhi.
23. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. MAC.APP.No.247/2009 Page 5 of 6
24. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master.
J.R. MIDHA, J APRIL 21, 2010 mk MAC.APP.No.247/2009 Page 6 of 6