MAC.APP.No.632/2009 Page 1 of 6 6 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.632/2009 Date of Decision: 22nd March, 2010 % NATIONAL INSURANCE CO LTD ..... Appellant Through Ms. Rajdipa Behura with Mr. Jeet Pathak, Adv. versus VEER PAL PAWAR & 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 be allowed to see the Judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT (Oral) 1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.12,36,000/- has been awarded to claimants/respondents No.1 and 2. 2. The accident dated 27th November, 2006 resulted in the death of Master Sachin Pawar. The deceased was survived by his parents who filed the claim petition before the learned Tribunal. The deceased was aged 16 years at the time of the accident and was a student of 11th standard. The deceased had a brilliant academic record and the learned Tribunal MAC.APP.No.632/2009 Page 2 of 6 assumed that the deceased would have become a professional and have earned Rs.50,000/- to Rs.60,000/- per month. The learned Tribunal took the income of the deceased as Rs.45,000/- per month, deducted 50% towards the personal expenses and applied the multiplier of 15 according to the age of the parents to compute the loss of dependency at Rs.40,50,000/-. Rs.10,000/- has been awarded towards loss of estate, Rs.10,000/- towards funeral expenses and Rs.50,000/- towards loss of love and affection. The total compensation has been computed at Rs.41,20,000/-. The learned Tribunal has held the deceased to be contributory negligent to the tune of 70% and, therefore, the aforesaid compensation has been reduced by 70% and Rs.12,36,000/- has been awarded by the learned Tribunal. 3. The appellant has challenged the impugned award on the various grounds inter-alia that the amount awarded by the Claims Tribunal is on a higher side. The appellant has also challenged the impugned award on the ground that the claimants claimed a sum of Rs.10,00,000/- before the Claims Tribunal but the Claims Tribunal awarded higher amount than the amount claimed. MAC.APP.No.632/2009 Page 3 of 6 4. The claimant/respondents No.1 and 2 had filed the appeal bearing MAC.APP.No.571/2009, which was disposed of on 25th November, 2009 after hearing the counsel for the appellant. This Court upheld the compensation of Rs.12,36,000/- awarded by the Claims Tribunal for the reasons given in the judgment dated 25th November, 2009 but not for the reasons mentioned in the award. 5. For the reasons given in judgment dated 25th November, 2009, the compensation of Rs.12,36,000/- awarded to the claimants/respondents No.1 and 2, is upheld. 6. With respect to the contention of the learned counsel for the appellant that the amount awarded by the Claims Tribunal is higher than the amount claimant, there is a direct judgment of the Hon’ble Supreme Court in the case of Nagappa vs. Gurudayal Singh, AIR 2003 SC 674 wherein it has been held that under Section 168 of the Motor Vehicles Act, the Claims Tribunal has to award the just compensation which can be more than the amount claimed. 7. The appeal is dismissed. 8. The appellant has deposited a sum of Rs.14,25,364/- in terms of order dated 23rd December, 2009. UCO Bank is directed to release 10% of the said amount to claimants/respondents No.1 and 2 by transferring the same to their joint Savings Bank Account. The remaining amount be kept in fixed deposits in the joint names of MAC.APP.No.632/2009 Page 4 of 6 claimants/respondents No.1 and 2 in the following manner:- (i) Fixed deposit in respect of 10% of the award amount for a period of one year. (ii) Fixed deposit in respect of 10% of the award amount for a period of two years. (iii) Fixed deposit in respect of 10% of the award amount for a period of three years. (iv) Fixed deposit in respect of 10% of the award amount for a period of four years. (v) Fixed deposit in respect of 10% of the award amount for a period of five years. (vi) Fixed deposit in respect of 10% of the award amount for a period of six years. (vii) Fixed deposit in respect of 10% of the award amount for a period of seven years. (viii) Fixed deposit in respect of 10% of the award amount for a period of eight years. (ix) Fixed deposit in respect of 10% of the award amount for a period of nine years. 9. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Joint Savings Account of respondent Nos.1 and 2. 10. Withdrawal from the aforesaid account shall be permitted to respondent Nos.1 and 2 after due verification and the Bank shall issue photo Identity Card to respondent MAC.APP.No.632/2009 Page 5 of 6 Nos.1 and 2 to facilitate identity. 11. No cheque book be issued to respondent Nos.1 and 2 without the permission of this Court. 12. The Bank shall issue Fixed Deposit Pass Book instead of the FDRs to the appellants and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiary at the end of the FDR. 13. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 14. Half yearly statement of account be filed by the Bank in this Court. 15. On the request of respondent Nos.1 and 2, the Bank shall transfer the Savings Account to any other branch according to the convenience of respondent Nos.1 and 2. 16. The respondent Nos.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. 17. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. 18. 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. MAC.APP.No.632/2009 Page 6 of 6 19. The statutory amount of Rs.25,000/- deposited by the appellant along with the appeal be refunded back to the appellant through Counsel within four weeks. J.R. MIDHA, J MARCH 22, 2010 HL