Full Text
MAC.APP.No.142/2010
Date of Decision: 25th March, 2010 NEW INDIA ASSURANCE CO LTD ..... Appellant
Through : Mr. Kanwal Chaudary, Adv.
Through : Mr. Navneet Goyal and Mr. Varun Kumar, Advs.
JUDGMENT
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) CM No.4510/2010 (Exemption)
1. Allowed, subject to just exceptions.
2. The application stands disposed of. CM No.4511/2010 (Delay)
1. The delay in filing the claim petition is condoned.
2. The application stands disposed of. MAC.APP. No.142/2010
1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.18,62,000/- has been awarded to claimants/respondents No.1 and 2.
2. The accident dated 22nd June, 2008 resulted in the 2010:DHC:1760 death of Ashok Kumar Sehgal. The deceased was survived by his widow and son who filed the claim petition before the Claims Tribunal.
3. The deceased was aged 44 years at the time of the accident and was working as claims consultant. He was also working as LIC agent. The total income of the deceased was Rs.16,000/- per month. The Claims Tribunal deducted 1/3rd towards his personal expenses and applied the multiplier of 14 to compute the loss of dependency at Rs.17,92,000/-. Rs.50,000/- has been awarded towards loss of consortium, Rs.5,000/- towards loss of estate, Rs.10,000/- towards loss of love and affection and Rs.5,000/- towards funeral expenses. The total compensation awarded is Rs.18,62,000/-.
4. The only ground urged by learned counsel for the appellant at the time of hearing of this appeal is that the Income Tax has not been deducted from the income of the deceased.
5. On the request of this Court, the Accounts Department of this Court has done the calculation and as per the prevailing Rules, the Income Tax of Rs.4,326/- is payable on the annual income of the deceased. The annual income of the deceased is taken to be Rs.1,87,674/- [(Rs.16,000 x
12) – Rs.4,326].
6. Taking the income of the deceased as Rs.1,87,674/- per annum, deducting 1/3rd towards his personal expenses and applying the multiplier of 14, the loss of dependency is computed to be Rs.17,51,624/-. Adding Rs.50,000/- towards loss of consortium, Rs.10,000/- towards loss of love and affection, Rs.5,000/- towards loss of estate and Rs.5,000/towards funeral expenses, the total compensation computed to be Rs.18,21,624/- (Rs17,51,624 + Rs.50,000 + Rs.10,000 + Rs.5,000 + Rs.5,000).
7. The appeal is partially allowed and the award amount is reduced from Rs.18,62,000/- to Rs.18,21,624/- along with interest @ 7.5% per annum from the date of filing of the claim petition up to the date of notice of deposit under Order XXI Rule 1 of the Code of Civil Procedure.
8. The appellant is directed to deposit the award amount along with interest in terms of this judgment with UCO Bank A/c Asha Sehgal through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No.09310356400) within 30 days.
9. Upon the aforesaid deposit being made, the UCO Bank is directed to release 10% of the amount to respondent No.1 by transferring the same to her Saving Bank Account. The remaining amount be kept in fixed deposit in the following manner:-
(i) Fixed deposit in respect of 10% of the award amount in the name of respondent No.1 for a period of one year.
(ii) Fixed deposit in respect of 10% of the award period of two years.
(iii) Fixed deposit in respect of 10% of the award period of three years.
(iv) Fixed deposit in respect of 10% of the award period of four years.
(v) Fixed deposit in respect of 10% of the award period of five years.
(vi) Fixed deposit in respect of 10% of the award period of six years.
(vii) Fixed deposit in respect of 10% of the award amount in the name of respondent No.2 for a period of seven years.
(viii) Fixed deposit in respect of 10% of the award period of eight years.
(ix) Fixed deposit in respect of 10% of the award period of nine years.
10. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of respondent No.1.
11. Withdrawal from the aforesaid account shall be permitted to respondent No.1 after due verification and the Bank shall issue photo Identity Card to respondent No.1 to facilitate identity.
12. No cheque book be issued to respondent No.1 without the permission of this Court.
13. The Bank shall issue Fixed Deposit Pass Book instead of the FDRs to respondent No.1 and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiary at the end of the FDRs.
14. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.
15. Half yearly statement of account be filed by the Bank in this Court.
16. On the request of respondent No.1, the Bank shall transfer the Savings Account to any other branch according to the convenience of respondent No.1.
17. Respondents 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.
18. CM No.4509/2010 stands disposed of as infructuous.
19. After the deposit of the award amount by the appellant with the UCO Bank, the appellant shall furnish the proof of deposit of the award amount to the Registry whereupon the Registry shall refund the statutory amount to the appellant without any further order of this Court.
20. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master.
21. 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 MARCH 25, 2010 mk