BHARTI AXA GENERAL INSURANCE CO. LTD v. SUNITA & ORS

1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.11,13,732/- is awarded to respondents No.1 and 2.

2. On 01st April, 2014, Shiva, Jitender and Mohit were going on a motorcycle bearing no.UP-13P-1130 and when they reached in front of Babu Mudhi, Kashba Police Station, Aurangabad, District Bulandshahar, U.P. they were hit by a bus bearing no.UP-13D-0786 which came from the wrong side. The accident resulted in death of Shiva and Jitender whereas Mohit 2018:DHC:3190 suffered injuries.

3. The deceased Shiva was aged 17 years at the time of the accident and was a student. The deceased was survived by his parents, who filed the claim petition before the Claims Tribunal.

4. The Claims Tribunal awarded the compensation of Rs.11,13,732/- by applying the principles laid down by this Court in Chetan Malhotra v. Lala Ram, 2016 SCC OnLine Del 2981.

5. Learned counsel for the appellant submits that the compensation awarded by the Claims Tribunal is on a higher side. It is submitted that appellant is claiming recovery rights against the owner of the offending vehicle on the ground that the cheque issued by the insured towards the insurance premium was dishonoured and the policy was cancelled. The appellant is seeking permission to lead additional evidence to prove the dishonour of the cheque and cancellation of policy.

6. Learned counsel for respondents No.1 and 2 submits that the amount awarded by the Claims Tribunal is just, fair and reasonable.

7. Learned counsel for respondents No.3 and 4 submit that the appellant has not led any evidence with respect to their claim of recovery rights.

8. This Court is of the view that the amount awarded by the Claims Tribunal to respondents No.1 and 2 is just, fair and reasonable and is, therefore, upheld.

9. The appellant has deposited Rs.14,09,771/- with the Registrar General of this Court in terms of order dated 08th December, 2017.

10. Respondent No.1, Sunita, is present in Court along with particulars of her savings bank account as well as the savings bank account of her husband, respondent No.2. The particulars of their savings bank accounts are as under: - Respondent No.1,Sunita Devi A/c No.21900265935 with Allahabad Bank, Aurangabad, Distt. Bulandshahr, Uttar Pradesh – 245401 IFSC Code: ALLA0210137; MICR Code:203010055 Respondent No.2,Veer Singh A/c No.2402001700061364 with Punjab National Bank, Lakhaoti Distt. Bulandshahr, Uttar Pradesh - 245407 IFSC: PUNB0240200; MICR Code: 203024530

11. The Registrar General is directed to disburse the amount deposited by the appellant to respondents No.1 and 2 by instructing UCO Bank, Delhi High Court Branch as under: -

(i) Rs.12 lakh be kept in 120 FDRs of Rs.10,000/- each in the name of respondent No.1 for the periods 1 month to 120 months respectively, with cumulative interest;

(ii) The balance amount, after keeping Rs.12 lakh in FDRs, be released to respondents No.1 and 2 in equal proportion by transferring the same to their aforesaid savings bank accounts.

12. All the original FDRs shall remain with the UCO Bank. However, the statement containing FDR number, amount, date of maturity and maturity amount shall be furnished by UCO Bank to the respondent No.1.

13. The maturity amounts of the FDRs be released to respondent No.1 in her aforesaid savings bank account with Allahabad Bank, Aurangabad, Distt. Bulandshahr, Uttar Pradesh.