Full Text
HIGH COURT OF DELHI
Date of Decision: 09th March, 2017
RELIANCE GENERAL INSURANCE CO. LTD...... Appellant
Through: Mr. Pankaj Seth, Advocate
Through: Mr. R.C. Anand and Mr. R.P.S.
Bhatti, Advocates for respondents No.1 to 7
JUDGMENT
1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.25,69,000/- has been awarded to respondents No.1 to 7.
2. The accident dated 26th May, 2008 resulted in the death of Shish Pal Singh. The deceased was aged 39 years at the time of the accident and was working as a Header Setter earning Rs.12,500/- per month. The deceased was survived by his widow, three daughters, two minor sons and mother who filed the claim petition before the Claims Tribunal. The Claims Tribunal added 50% towards future prospects of the deceased, deducted 1/4th towards the personal expenses of the deceased and applied the multiplier of 15 to compute the loss of dependency as Rs.25,29,000/-. The Claims Tribunal awarded 2017:DHC:1441 Rs.25,000/- towards loss of estate and love and affection, Rs.10,000/towards loss of consortium and Rs.5,000/- towards funeral expenses. The total amount awarded is Rs.25,69,000/-.
3. Learned counsel for the appellant urged at the time of hearing of the appeal that the compensation awarded is on a higher side. It is submitted that the Income Tax be deducted and the future prospects be reduced. It is further submitted that the salary of the deceased includes the conveyance of Rs.3,000/- which is liable to be reduced.
4. This Court is of the view that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any reduction. The income of the deceased is below the taxable limits and, therefore, no amount is liable to be deducted towards Income Tax. The income of the deceased has been proved as Rs.12,500/- and it does not warrant any reduction. Future prospects have also been computed in accordance with law.
5. The appeal is dismissed. The appellant has deposited the entire award amount with UCO Bank, Delhi High Court in terms of order dated 08th February, 2013 out of which 60% has been disbursed to respondents No.1 to 7 and the balance 40% amount is lying with UCO Bank, Delhi High Court Branch with FDR No.15530310691519 for Rs.16,70,993/-.
6. The respondent No.1 has already expired and her right has devolved on respondents No.1 to 7 who are already on record.
7. With respect to 60% amount already released, the following amounts lying in FDRs with UCO Bank, Delhi High Court Branch: - Sl. No. FDR No. Balance Amount (Rs.) as on[9].3.2017 In Favour of
1. 15530310310352120 77,303.55 Ms. Rajvati
2. 15530310310352137 77,882/- Ms. Rajvati
3. 15530310310352175 77,882/- Ms. Rajvati
4. 15530310310352182 77,882/- Ms. Rajvati
5. 15530310310352199 77,882/- Ms. Rajvati
6. 15530310310352151 77,882/- Ms. Rajvati
7. 15530310310352205 77,882/- Ms. Rajvati
8. 15530310310352212 77,882/- Ms. Rajvati
9. 15530310310352229 77,882/- Ms. Rajvati
10. 15530310310351987 3,89,342/- Master Mohit
11. 15530310310352144 3,89,342/- Master Pawan
8. UCO Bank, Delhi High Court Branch is directed to consolidate the amount lying in FDR No.15530310691519 with nine FDRs mentioned in
┌──────────────────────────────────────────────────────────────────────────────────────┐ │ Sl. FDR No. Balance In Favour of │ │ No. Amount (Rs.) │ │ as on9.3.2017 │ ├──────────────────────────────────────────────────────────────────────────────────────┤ │ 1. 15530310310352120 77,303.55 Ms. Rajvati │ │ MAC.APP.113/2013 Page 2 of 5 │ │ 2017:DHC:1441 │ │ 2. 15530310310352137 77,882/- Ms. Rajvati │ │ 3. 15530310310352175 77,882/- Ms. Rajvati │ │ 4. 15530310310352182 77,882/- Ms. Rajvati │ │ 5. 15530310310352199 77,882/- Ms. Rajvati │ │ 6. 15530310310352151 77,882/- Ms. Rajvati │ │ 7. 15530310310352205 77,882/- Ms. Rajvati │ │ 8. 15530310310352212 77,882/- Ms. Rajvati │ │ 9. 15530310310352229 77,882/- Ms. Rajvati │ │ 10. 15530310310351987 3,89,342/- Master Mohit │ │ 11. 15530310310352144 3,89,342/- Master Pawan │ │ 8. UCO Bank, Delhi High Court Branch is directed to consolidate │ └──────────────────────────────────────────────────────────────────────────────────────┘
12. No cheque book or debit card be issued to the respondents by the State Bank of India, Kakore Branch, Uttar Pradesh without permission of this Court. However, in case, the debit card/cheque book have already been issued, by the concerned bank shall cancel the debit card and/or cheque book.
13. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
14. The parties are permitted to approach this Court for pre-mature release of FDR in the event of any financial exigency.
15. Copy of this judgment be given dasti to counsels for the parties under signatures of the Court Master.
MARCH 09, 2017 rsk J.R. MIDHA, J.