*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.N0.354/2009
Date of Decision:3rd February, 2010
%
GAYATARI DEVI ..... Appellant
Through Mr. K.P. Toms, Advocate.
versus
TERSAM SINGH & ORS. ..... Respondents
Through Mr. D.K. Sharma, Advocate.
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.6,57,905/- has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 13th May, 2005 resulted in the death of Mahender Kant Sharma. The deceased was survived by his widow, two minor daughters, one minor son and parents, who filed the claim petition before the learned Tribunal.
3. The deceased was aged about 36 years at the time of MAC.APP.No354/2009 Page No. 1 of 9 the accident and was working with Omega Construction Equipment as service engineer at a salary of Rs.11,000/- per month. The learned Tribunal disregarded the salary of the deceased and took the minimum wages of Rs.3,804.90, deducted 1/4th towards the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs. 5,47,905/-. The learned Tribunal has awarded Rs.50,000/- towards loss of consortium, Rs.10,000/- towards funeral expenses and Rs.50,000/- towards love and affection. The learned Tribunal has awarded total compensation of Rs.6,57,905/- to the appellants.
4. The learned counsel for the appellants have urged the following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be Rs.11,000/- per month.
(ii) The future prospects of the deceased to be taken into consideration.
(iii) The compensation be awarded for loss of estate.
5. Respondent No.3 has filed cross-objections seeking reduction of the award amount on the following grounds:-
(i) The rate of interest be reduced from 9% per annum to 7.5% per annum.
(ii) The loss of consortium be reduced from 50,000/- to 10,000/-.
MAC.APP.No354/2009 Page No. 2 of 9
6. The deceased was a qualified service engineer. The widow of the deceased came in the witness box as PW-1 and produced High School Certificate and the Engineering Certificate of the deceased. PW-1 also proved the certificate of the employer as Ex.PW-1/L in which it was certified that the deceased was working as service engineer with Omega Construction Equipment at a monthly salary of Rs.11,000/- per month. The Manager (Commercial) of Omega Construction Equipment appeared in the witness box as PW-2 and deposed that the deceased was holding a Diploma in Engineering and was working with Omega Construction Equipment as Service Engineer and was drawing a salary of Rs.11,000/- per month. PW-2 proved the attendance-cum- wages register for the month of April and May, 2005 as Ex.PW-2/A. The deceased had joined Omega Construction Equipment on 15th April, 2005 and was paid salary of Rs.4,213/- for 16 days of April, 2005. The deceased worked for 13 days in May, 2005 and was paid a salary of Rs.4,261/- The occupation and income of the deceased was duly proved by PW-1, PW-2, Ex.PW-1/L and Ex.PW-2/A. However, the learned Tribunal disregarded the aforesaid evidence on the ground that the salary was shown as Rs.8,500/- per month but for the month of April, he was paid Rs.4,216/- only and no appointment letter was produced. The learned Tribunal took the minimum wages of Rs.3,804.90 to compute the loss of MAC.APP.No354/2009 Page No. 3 of 9 dependency. The finding of learned Tribunal is not based on evidence on record. Considering that the deceased was a qualified service engineer and the documentary evidence of his occupation was duly proved, the finding of learned Tribunal with respect to the income of the deceased is set- aside. The income of the deceased is taken to be Rs.11,000/- per month. The deceased at a permanent job and therefore 50% of future prospects are taken into consideration following the judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129. The income of the deceased for computation of compensation is taken to be Rs.16,500/- (11,000 + 50%) and 1/4th is deducted towards personal expenses. The learned Tribunal has applied the multiplier of
16. However, the appropriate multiplier at the age of 36 according to the judgment of the Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation (supra) is 15. The multiplier is therefore reduced from 16 to 15.
7. The learned Tribunal has awarded Rs.50,000/- towards loss of consortium which is of a higher side. Following the judgment in case of Sarla Verma Vs. Delhi Transport Corporation (supra), loss of consortium is reduced from 50,000/- to 10,000/-, loss of love and affection is reduced from 50,000/- to 10,000/- and Rs.10,000/- is awarded MAC.APP.No354/2009 Page No. 4 of 9 towards loss of estate. The total compensation computed to be Rs.22,67,500/- [(16,500 x 3/4 x 12 x 15) + 10000 + 10000 + 10000 + 10000].
8. The appeal is allowed and the award amount is enhanced from Rs.6,57,905/- to Rs. 22,67,500/-. The learned Tribunal has awarded interest @ 9% per annum. However following the judgment of Hon'ble Supreme Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is reduced to 7.5% per annum.
9. The enhanced award amount along with interest be deposited by respondent No. 3 with State Bank of India A/c Gayatri Devi, Tis Hazari Branch by means of a cheque through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 60 days.
10. The appellant has deposited a sum of Rs.8,20,528/- with UCO Bank, Delhi High Court Branch in terms of interim order dated 26th October, 2005 passed in MAC.APP.No.520/2009. The learned counsel for the appellants submits that they have already received the amount awarded by the learned Tribunal in execution proceedings and the amount deposited by respondent No.3 in MAC.APP.No.520/2009 be adjusted against the enhanced award amount. UCO bank is directed to transfer/remit the amount deposited by National Insurance Company Limited in MAC.APP.No354/2009 Page No. 5 of 9 MAC.APP.No.520/2009 to State Bank of India A/c Gyatri Devi through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) within one week.
11. Upon the receipt of the aforesaid amount, the State Bank of India is directed to keep a sum of Rs.7,50,000/- in fixed deposit in the following manner:-
(i) Fixed deposit for Rs.50,000/- in the name of respondent No.7 for a period of six months.
(ii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of one year.
(iii) Fixed deposit for Rs.50,000/- in the name of respondent No.8 for a period of one and a half years.
(iv) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of two years.
(v) Fixed deposit for Rs.50,000/- in the name of respondent No.7 for a period of two and a half years.
(vi) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of three years.
(vii) Fixed deposit for Rs.50,000/- in the name of respondent No.8 for a period of three and a half years.
MAC.APP.No354/2009 Page No. 6 of 9
(viii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of four years.
(ix) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of four and a half years.
(x) Fixed deposit for Rs.1,00,000/- in the name of respondent No.4 till she attains the age of 20 years.
(xi) Fixed deposit for Rs.1,00,000/- in the name of respondent No.5 till she attains the age of 20 years.
(xii) Fixed deposit for Rs.1,00,000/- in the name of respondent No.6 till he attains the age of 20 years.
12. The remaining amount be released to appellants No.1, 5 & 6 in equal proportions by transferring the same to their Savings Bank Account.
13. The interest on the aforesaid fixed deposits of respondents No.1, 4, 5 and 6 shall be paid monthly by automatic credit of interest in the Savings Account of respondent No.1. The interest on the fixed deposits of respondents No.7 and 8 shall be paid monthly by automatic credit of interest in the Savings Account of respondent No.7. MAC.APP.No354/2009 Page No. 7 of 9
14. Withdrawal from the aforesaid account shall be permitted to respondents No.1 and 7 after due verification and the Bank shall issue photo Identity Card to respondents No.1 and 7 to facilitate identity.
15. No cheque book be issued to respondents No.1 and 7 without the permission of this Court.
16. 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.
17. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.
18. Half yearly statement of account be filed by the Bank in this Court.
19. On the request of the respondents, the Bank shall transfer the Savings Account to any other branch of State Bank of India according to the convenience of the respondents.
20. The respondents shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322). MAC.APP.No354/2009 Page No. 8 of 9
21. List the appeal on 19th April, 2010.
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. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) as well as 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 FEBRUARY 03, 2010/HL MAC.APP.No354/2009 Page No. 9 of 9