MAC.APP./583/2015 of RELIANCE GENERAL INSURANCE CO LTD Vs SEEMA & ORS

*IN THE HIGH COURT OF DELHI AT NEW DELHI%Date of Decision: 08[th]September, 2016

+MAC.APP. 583/2015 & C.M. No.13267/2015

RELIANCE GENERAL INSURANCE CO LTD..... AppellantThrough:Mr. Rajeev M. Roy, Adv.

versus

SEEMA & ORS

..... RespondentsThrough:Mr. Sanjeev Chauhan, Adv. for R1 toR4.

CORAM:HON'BLE MR. JUSTICE J.R. MIDHA

JUDGMENT (ORAL)

1.The appellant has challenged the award of the Claims Tribunalwhereby compensation of Rs.13,14,000/- along with interest @ 9% perannum has been awarded to claimants/respondents No.1 to 4.

2.The accident dated 30[th]July, 2007 resulted in the death of Manoj. Thedeceased was aged 34 years at the time of the accident and was survived byhis widow, one minor son, one minor daughter and mother who filed theclaim petition before the Claims Tribunal. The deceased was working as adriver with Delhi Jal Board earning Rs.4,000/- per month. The widow of thedeceased appeared in the witness box as PW-1 to prove the occupation ofthe deceased. PW-3 from Delhi Jal Board proved the appointment letter andsalary certificate of the deceased as Ex.PW3/A and Ex.PW3/B. PW-4 fromDelhi Jal Board produced the record of the salary of four other personsappointed along with the deceased Manoj Kumar who were drawing salaryto the tune of Rs.13,000/- in 2009.

3.The Claims Tribunal took the income of the deceased as Rs.4,000/-,added 50% towards future prospects, deducted 1/4[th]towards personalexpenses and applied the multiplier of 16 to award compensation ofRs.8,64,000/-. The Claims Tribunal awarded Rs.1,00,000/- to each of thefour claimants towards the loss of love and affection, Rs. 20,000/- towardsthe loss of estate and Rs.20,000/- towards funeral expenses. The totalcompensation of Rs.13,14,000/- has been awarded by the Claims Tribunal.

4.The learned counsel for the appellant urged at the time of hearing ofthe appeal that the future prospects should not be awarded to the claimants.There is no merit in this contention of the appellant. The occupation andincome of the deceased has been proved by the claimants. The deceased wasprofessional driver working with Delhi Jal Board drawing salary ofRs.4,000/- per month. The deceased was aged 34 years at the time of theaccident and in normal course, the deceased would have served for another26 years. Even if we do not take the future prospects of promotion to whichdeceased was entitled, the actual pay revision taken effect from 2007 to2033 years, the pay of deceased would be more than double. In New IndiaAssurance Company Limited v. Gopali and Others, (2012) 12 SCC 198and Vimal Kanwar and Others v. Kishore Dan and Others, (2013) 7 SCC476, the Supreme Court determined the compensation by granting 100%increase in the income of the deceased.

5.Learned counsel further submits that compensation for loss of loveand affection is on higher side. In view of lower future prospects taken bythe Claims Tribunal, the amount awarded by the Claims Tribunal towardslove and affection of Rs.1,00,000/- to each of the four claimants does notwarrant interference. There is no merit in this appeal which is herebydismissed.

6.The appellant has deposited entire award amount with the RegistrarGeneral of this Court in terms of the order dated 28[th]July, 2015 which islying in fixed deposit.

7.The Registrar General is directed to instruct UCO Bank, Delhi HighCourt Branch to keep sum of Rs.22,00,000/- in fixed deposit in thefollowing manner:-

8.UCO Bank shall release the balance amount, after issuing FDRs forRs.22 lakh, to respondents No.1 and 4 in equal shares by transferring thesame to their individual savings bank accounts.

9.Monthly interest on the FDRs of respondents No.1, 2 & 3 shall becredited in the individual savings bank account of respondent No.1 and themonthly interest on the FDR of respondent No.4 shall be credited in herindividual savings bank accounts.

10.At the time of maturity, the fixed deposit amount shall beautomatically credited in the individual savings bank accounts of theclaimants/beneficiaries.

11.All the original FDRs shall be retained by UCO Bank, Delhi HighCourt Branch. However, the photocopies of the same shall be provided tothe claimants/beneficiaries.

12.No cheque book or debit card be issued to the claimants/respondentswithout permission of this Court.

13.No loan or advance or pre-mature discharge shall be permittedwithout the permission of this Court.

14.Theclaimants/respondents shall approachtheUCO Bankforcompleting the formalities for the disbursement of the award amount interms of this order.

15.UCO Bank, Delhi High Court Branch shall ensure that the savingsbank accounts of respondents are individual accounts and not joint accounts.16.The respondents are at liberty to approach this Court for release offurther amount in case of any financial exigency.

17.C.M. No.13267/2015 is disposed of.18.Copy of this judgment be given dasti to counsels for the parties undersignatures of the Court Master.

SEPTEMBER 08, 2016

J.R. MIDHA, J.