37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.864-65/2005
% Date of decision: 4th November, 2009
RAM MURTI GOEL & ORS. ..... Appellants
Through : Mr. Gorang Gupta, Adv.
versus
DARSHAN SINGH & ORS. ..... Respondents
Through : Mr. A.S. Baath, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.2,43,200/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 22nd June, 1998 resulted in the death of Navneet Goyal. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.
3. The deceased was aged 30 years at the time of the accident. The deceased was unmarried and the appellants are his parents. The deceased was a Chartered Accountant. He was enrolled as Chartered Accountant on 5 th May, 1998 that is about MAC.APP.No.864-65/2005 Page 1 of 5 two months before the accident. Appellant No.2 appeared in the witness box as PW-2 and deposed that the deceased was earning Rs.6,000/- per month. However, the learned Tribunal took the minimum wages of Rs.2,700/- per month into consideration and applied the multiplier of 11 to compute the loss of dependency at Rs.1,78,200/-. The learned Tribunal awarded Rs.15,000/- towards the funeral expenses and Rs.50,000/- towards loss of love and affection. The total compensation awarded is Rs.2,43,200/-.
4. The learned counsel for the appellants has urged following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be Rs.6,000/-
per month.
(ii) The future prospects be also taken into consideration.
(iii) The multiplier be enhanced from 11 to 18.
(iv) The compensation be also awarded for loss of estate.
5. With respect to the income of the deceased, it has been proved by sufficient evidence that the deceased was a qualified Chartered Accountant. In that view of the matter, the application of minimum wages in the present case is not appropriate. The learned Tribunal ought to have taken earning capacity based on the education qualification of the deceased. The deceased was a qualified Chartered Accountant and the income of Rs.6,000/- per month deposed by PW-3 is fair and reasonable to be taken into consideration. The income of the deceased is, therefore, taken to be Rs.6,000/- per month. The deceased was aged 30 years at the time of the accident and, therefore, 50% is added towards the MAC.APP.No.864-65/2005 Page 2 of 5 future prospects. The income of the deceased for computation of compensation is taken to be Rs.9,000/- per month. 50% is deducted towards the personal expenses of the deceased and the dependency of the appellant is taken to be Rs.4,500/- per month. Appellant No.1 was aged 51 years at the time of the accident and, therefore, the appropriate multiplier at the age of 51 is 11 which has been applied by the learned Tribunal. Applying the multiplier of 11, the loss of dependency is computed to be Rs.5,94,000/- (Rs.4,500 x 12 x 11). The learned Tribunal has awarded funeral expenses and compensation for loss of love and affection but no compensation is awarded for loss of estate. Rs.10,000/- is awarded towards loss of estate.
6. The appellants are entitled to total compensation of Rs.6,69,000/- (Rs.5,94,000 + Rs.15,000 + Rs.50,000 + Rs.10,000).
7. The learned Tribunal has awarded interest @ 6% per annum which is enhanced to 7.5% per annum.
8. The appeal is allowed and the award amount is enhanced from Rs.2,43,200/- to Rs.6,69,000/- along with interest @ 7.5% per annum from the date of filing of the petition till realization.
9. The enhanced award amount along with interest be deposited by respondent No.2 with UCO Bank, Delhi High Court Branch A/c Ram Murti Goel within 30 days.
10. The deposit be made by means of a cheque drawn in the name of UCO Bank A/c Ram Murti Goel and be handed over to MAC.APP.No.864-65/2005 Page 3 of 5 Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400).
11. Upon the aforesaid deposit being made, the UCO Bank is directed to release Rs.50,000/- to the appellants by transferring the said amount to their Saving Bank Account.
12. Remaining amount be kept in fixed deposit in the joint names of the appellants for a period of five years on which monthly interest be paid to them.
13. The interest on the aforesaid fixed deposit shall be paid monthly by automatic credit of interest in the Savings Account of the appellants.
14. Withdrawal from the aforesaid account shall be permitted to the appellants after due verification and the Bank shall issue photo Identity Card to the appellants to facilitate identity.
15. No cheque book be issued to the appellants without the permission of this Court.
16. The original Fixed Deposit Receipt shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the appellants along with the photocopy of the FDR.
17. The original Fixed Deposit Receipt shall be handed over to the appellants at the end of the fixed deposit period.
18. No loan, advance or withdrawal shall be allowed on the said fixed deposit without the permission of this Court.
19. Half yearly statement of account be filed by the Bank in this Court.
MAC.APP.No.864-65/2005 Page 4 of 5
20. On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of the claimant/respondent.
21. The appellants 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.
22. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master.
23. 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.
24. List the appeal for directions on 17th December, 2009.
J.R. MIDHA, J NOVEMBER 04, 2009 mk MAC.APP.No.864-65/2005 Page 5 of 5