CENTRAL BANK OF INDIA vs MAYA BANERJEE

THIS is an appeal by the Central Bank of India against the order of the Forum dated 14.12.1998 directing it to pay a sum of Rs. 48,168/- together with interest @ 10% p.a. from the date of filing of the case till the date of actual payment. Besides, a sum of Rs. 25,000/- has been awarded as compensation.

THE complainants approached the Forum with the following allegations. One Shri Nirmal Kr. Banerjee, since deceased was the account-holder of the Bank at its Naihati Branch. He was the husband of complainant-1 and father of complainant-2. On 28.8.1994 the said Nirmal Kr. Banerjee visited the Bank to withdraw some money. But unfortunately, a Lady Member of the Staff of the Bank misbehaved with him. She was joined by a Male Member of the Staff. A heated conversation followed and in consequence thereof Mr. Banerjee collapsed and expired within the premises of the Bank. So, the complainants have claimed compensation from the Bank alleging deficiency in service on the part of the Bank and or its employees.

According to the O.P., late N.K. Banerjee was standing in the queue for the purpose of withdrawing money. He wanted payment out of turn but he was not obliged. Hence, there was an altercation. The deceased was a heart patient and, therefore, he died.

UPON hearing the arguments and on perusal of affidavit sworn by one Abdul Rashid Sheikh, the Forum observed that an altercation ensued at the payment counter in between the old gentleman, Shri Nirmal Banerjee and a lady staff and a male Assistant. According to the deponent the Staff of the Bank misbehaved, taunted and insulted the old man and in consequence thereof the latter fell down and collapsed and later expired. The Forum observed that Nirmalbabu died as a result of insult and humiliation. The shock received by him was rude and he was unable to bear it. The Forum concluded that Nirmalbabu was a victim of misbehaviour and misdemeanour of some Members of the Staff of the Bank. Feeling aggrieved by the decision, the Bank has appealed. The learned Counsel appearing for the appellant submits that they had got no opportunity to lead evidence to refute the allegation about misbehaviour on the part of some of their staff. He submits further that no opportunity was also given to them to cross-examine the person who had sworn affidavit. He submits further that the Forum was carried away by sentiment and as such did not base its finding on relevant facts.

THE deceased was an old man of 70 years. He had gone to the Bank to withdraw money. It is not clear under what circumstances the altercation started. THE defence version is that Nirmalbabu wanted precedence over other customers standing in the queue in front of the payment counter. But he was not given any preference. According to the O.P., this resulted in heated exchange of words and Nirmalbabu, being a heart patient, collapsed. THE learned Counsel for the appellant submits that there is no nexus between the death of the deceased and the alleged incident of misbehaviour on the part of some members of the Staff. THEre is no independent witness to establish the allegation of misbehaviour on the part of the members of the Staff. THE death certificate has not been produced. Anyway, in view of the circumstances, it cannot be said that the incident was a sequel to the alleged altercation between the deceased and some members of the Staff. Even if it be accepted that there had been such an altercation it cannot be said that the Bank was in any way responsible for the death of the deceased. It is, of course, true that Bank Officials are expected to be respectful to all customers and not to resort to harassment to any customer. Nevertheless, the facts disclosed in this case did not establish that any member of the staff is responsible for the death of Nirmalbabu. Learned Counsel for the appellant has drawn our attention to the fact that the Forum has assessed compensation on the basis of loss in the pension of the widow because of his untimely death. It appears that the Forum has taken 70 years to be the average life-span of an Indian. Nirmalbabu was 67 years old at the time of death. So, the Forum observed that he would have received full pension amount for three more years. But his widow would not suffer any loss of income inasmuch as she would be getting the normal pension as would be admissible to her as per rules on the death of her husband. Any, since we find that the facts do not establish any deficiency in service on the part of the Bank, the judgment rendered by the Forum cannot be sustained. Consequently, we allow the appeal and set aside the impugned judgment. Appeal allowed.