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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.290/1995
Date of Decision: 24th September, 2009
%
ARVIND SINGH ..... Appellant
Through : Mr. Y.R. Sharma, Adv.
versus
FARUKH AHMED ..... Respondent
Through : Ms. Varsha Pathak, Adv. for
Mr. Mohan Babu Aggarwal,
Adv. for R - 3.
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 appellant has challenged the award of the learned Tribunal whereby compensation of Rs.1,00,000/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.
2. The accident dated 6th August, 1984 resulted in the death of Bhim Singh. The deceased was survived by his son who filed the claim petition before the learned Tribunal.
3. The deceased was aged 32 years at the time of the accident. The deceased was working as Peon with Ministry of FAO.No.290/1995 Page 1 of 5 Food and Civil Supplies earning Rs.687.30 per month. The learned Tribunal took the future prospects into consideration and estimated the income of the deceased for computation of compensation at Rs.1,200/- per month. The learned Tribunal deducted 50% towards the personal expenses of the deceased and applied the multiplier of 14 to compute the loss of dependency at Rs.1,00,800/- which was rounded of as Rs.1,00,000/-. No compensation has been awarded towards loss of love and affection, loss of estate and funeral expenses.
4. The learned counsel for the appellant has urged the following grounds at the time of hearing of this appeal:-
(i) The personal expenses of the deceased be reduced from 1/2 to 1/3rd.
(ii) The multiplier be enhanced from 14 to 16.
(iii) The compensation be awarded for loss of love and affection, loss of estate and funeral expenses.
5. The Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129 has held the appropriate multiplier at the age of 32 to be 16 and the personal expenses of the deceased married person to be 1/3rd where the deceased has left behind up to three dependent heirs.
6. Following the aforesaid judgment, the multiplier is enhanced from 14 to 16 and the personal expenses of the deceased are reduced from 1/2 to 1/3rd. Taking the income FAO.No.290/1995 Page 2 of 5 of the deceased to be Rs.1,200/ per month, deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier of 16, the loss of dependency is computed to be Rs.1,53,600/-. The learned Tribunal has not awarded any compensation towards the loss of love and affection, loss of estate and funeral expenses. Rs.5,000/- is awarded towards the loss of love and affection, Rs.5,000/- towards the loss of estate and Rs.5,000/- towards funeral expenses. The total compensation awarded is Rs.1,68,600/- (Rs.1,53,600 + Rs.5,000 + Rs.5,000 + Rs.5,000).
7. The appeal is allowed and the award amount is enhanced from Rs.1,00,000/- to Rs.1,68,600/-.
8. The learned Tribunal has awarded interest at the rate of 12% per annum which is not disturbed on the original award amount of Rs.1,00,000/-. However, on the enhanced award amount, the rate of interest shall be 7.5% per annum from the date of filing of the petition till deposit.
9. Respondent No.3 is directed to deposit the enhanced award amount along with interest with UCO Bank, Delhi High Court Branch within 30 days.
10. Upon such deposit being made, the UCO Bank is directed to release 50% of the enhanced award amount to the appellant and the remaining 50% be kept in fixed deposit with the nationalized bank for a period of five years on which monthly interest be paid to him.
FAO.No.290/1995 Page 3 of 5
11. The interest on the aforesaid fixed deposit shall be paid monthly by automatic credit of interest in the Savings Account of the appellant.
12. Withdrawal from the aforesaid account shall be permitted to the appellant after due verification and the Bank shall issue photo Identity Card to the appellant to facilitate identity.
13. No cheque book be issued to the appellant without the permission of this Court.
14. 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 appellant along with the photocopy of the FDR.
15. The original Fixed Deposit Receipt shall be handed over to the appellant at the end of the fixed deposit period.
16. No loan, advance or withdrawal shall be allowed on the said Fixed Deposit Receipt without the permission of this Court.
17. Half yearly statement of account be filed by the Bank in this Court.
18. On the request of the appellant, the Bank shall transfer the Savings Account to any other branch of the Bank in Delhi according to the convenience of the appellant.
19. The claimant/respondent 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, FAO.No.290/1995 Page 4 of 5 UCO Bank Zonal, Parliament Street, New Delhi.
20. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master.
21. 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.
J.R. MIDHA, J SEPTEMBER 24, 2009 mk FAO.No.290/1995 Page 5 of 5