Full Judgment Text
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 18 October, 2016
+ MAC.APP. 638/2016 & CM No.29642/2016 (Stay)
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. J.P.N. Shahi, Advocate
versus
UMESH TYAGI & ORS ..... Respondents
Through: Mr. O.P. Mannie, Advocate for
respondent No.1.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.5,24,930/- has been awarded to
respondent No.1.
rd
2. The accident dated 3 February 2014 resulted in fracture of
right elbow of respondent No.1. Respondent No.1 underwent two
surgeries for closed reduction and wire fixation with hematoma
th
evacuation. Respondent No.1 remained hospitalized on 14 February
th th
2014 and again from 11 August 2014 to 12 August 2014.
Respondent No.1 suffered 10% disability with respect to right upper
limb. The Claims Tribunal has awarded compensation of
Rs.5,24,930/- along with interest @ 12% per annum.
MAC. APP.638/2016 Page 1 of 3
3. Learned counsel for the appellant urged at the time of hearing
that compensation awarded is on a higher side. The second ground
urged is that rate of interest be reduced from 12% to 9%.
4. Respondent No.1 is present in Court along with his counsel and
his condition has been seen. This Court is satisfied that the
compensation awarded to respondent No.1 is just, fair and reasonable
and it does not warrant any reduction. However, there is merit in the
second contention urged by the learned counsel for the appellant that
the rate of interest be reduced from 12% to 9%.
5. The appeal is partly allowed to the extent that the rate of interest
on the award amount shall be 9% instead of 12%. However, the
compensation of Rs.5,24,930/- is upheld.
6. The appellant has deposited Rs.6,43,492/- which includes
interest @ 9% per month. UCO Bank, Delhi High Court branch is
directed to keep a sum of Rs.5 Lacs in five fixed deposits of Rs.1
Lakh each for the periods 1 year, 2 year, 3 year, 4 year and 5 year.
The balance amount, after keeping Rs.5 Lakh in fixed deposit be
released to respondent No.1 by transferring the said amount to his
savings bank account.
7. The monthly interest on all the FDRs shall be paid to
respondent No.1 by transferring the said amount to the savings bank
account.
8. At the time of maturity, the fixed deposit amount shall be
automatically credited in the savings bank account of the
claimant/beneficiary.
9. All the original FDRs shall be retained by UCO Bank, Delhi
MAC. APP.638/2016 Page 2 of 3
High Court Branch. However, the photocopies of the same shall be
provided to the claimant/beneficiary.
10. No cheque book or debit card be issued to the
claimant/respondent No.1 without permission of this Court.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. The claimant/respondent No.1 shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
13. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank account of respondent No.1 is individual account and not
joint account.
14. The statutory amount be refunded back to the appellant.
15. CM 29642/2016 is disposed of.
16. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
OCTOBER 18, 2016 J.R. MIDHA, J.
Aj
MAC. APP.638/2016 Page 3 of 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 18 October, 2016
+ MAC.APP. 638/2016 & CM No.29642/2016 (Stay)
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. J.P.N. Shahi, Advocate
versus
UMESH TYAGI & ORS ..... Respondents
Through: Mr. O.P. Mannie, Advocate for
respondent No.1.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.5,24,930/- has been awarded to
respondent No.1.
rd
2. The accident dated 3 February 2014 resulted in fracture of
right elbow of respondent No.1. Respondent No.1 underwent two
surgeries for closed reduction and wire fixation with hematoma
th
evacuation. Respondent No.1 remained hospitalized on 14 February
th th
2014 and again from 11 August 2014 to 12 August 2014.
Respondent No.1 suffered 10% disability with respect to right upper
limb. The Claims Tribunal has awarded compensation of
Rs.5,24,930/- along with interest @ 12% per annum.
MAC. APP.638/2016 Page 1 of 3
3. Learned counsel for the appellant urged at the time of hearing
that compensation awarded is on a higher side. The second ground
urged is that rate of interest be reduced from 12% to 9%.
4. Respondent No.1 is present in Court along with his counsel and
his condition has been seen. This Court is satisfied that the
compensation awarded to respondent No.1 is just, fair and reasonable
and it does not warrant any reduction. However, there is merit in the
second contention urged by the learned counsel for the appellant that
the rate of interest be reduced from 12% to 9%.
5. The appeal is partly allowed to the extent that the rate of interest
on the award amount shall be 9% instead of 12%. However, the
compensation of Rs.5,24,930/- is upheld.
6. The appellant has deposited Rs.6,43,492/- which includes
interest @ 9% per month. UCO Bank, Delhi High Court branch is
directed to keep a sum of Rs.5 Lacs in five fixed deposits of Rs.1
Lakh each for the periods 1 year, 2 year, 3 year, 4 year and 5 year.
The balance amount, after keeping Rs.5 Lakh in fixed deposit be
released to respondent No.1 by transferring the said amount to his
savings bank account.
7. The monthly interest on all the FDRs shall be paid to
respondent No.1 by transferring the said amount to the savings bank
account.
8. At the time of maturity, the fixed deposit amount shall be
automatically credited in the savings bank account of the
claimant/beneficiary.
9. All the original FDRs shall be retained by UCO Bank, Delhi
MAC. APP.638/2016 Page 2 of 3
High Court Branch. However, the photocopies of the same shall be
provided to the claimant/beneficiary.
10. No cheque book or debit card be issued to the
claimant/respondent No.1 without permission of this Court.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. The claimant/respondent No.1 shall approach the UCO Bank for
completing the formalities for the disbursement of the award amount
in terms of this order.
13. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank account of respondent No.1 is individual account and not
joint account.
14. The statutory amount be refunded back to the appellant.
15. CM 29642/2016 is disposed of.
16. Copy of this judgment be given dasti to counsels for the parties
under signatures of the Court Master.
OCTOBER 18, 2016 J.R. MIDHA, J.
Aj
MAC. APP.638/2016 Page 3 of 3