R-33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.254-57/2005
% Date of decision: 01st May, 2012
RAJESH KUMARI @ RAJESH DEVI & ORS. ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
JAI PRAKASH & ORS. ..... Respondents
Through : Mr. A.K. Soni, Adv.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the award of the Claims Tribunal whereby compensation of `4,50,600/- has been awarded to her. The appellant seeks enhancement of the award amount.
2. The accident dated 17th February, 1995 resulted in the death of Hari Prasad. The deceased was survived by his widow and three minor children who filed the claim petition before the Claims Tribunal. The deceased was aged 32 years at the time of the accident and was working as a Beldar with CPWD earning `2,157/- per month. The Claims Tribunal took the income of the deceased as `3,600/- deducted 1/3rd towards his personal expenses and applied the multiplier of 15 to compute the loss of dependency at `4,32,000/-. The Claims Tribunal MAC.APP.254-57/2005 Page 1 of 6 awarded `6,000/- towards loss of consortium, `4,000/- towards funeral expenses and `8,600/- towards expenditure on treatment. The total compensation awarded was `4,50,600/-.
3. The learned counsel for the appellant has urged following grounds at the time of hearing of this appeal:-
(i) The deceased expired on 30th December, 1995 and his income be taken as `2,854/- and the future prospects be added for computation of compensation.
(ii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th.
(iii) The multiplier be enhanced from 15 to 16.
(iv) The compensation be awarded for loss of love and affection and loss of estate.
(v) The rate of interest be enhanced from 7% per annum to 9% annum.
4. The deceased expired on 30th December, 1995. As per Ex.PW5/3, his salary as on 1st January, 1996 would have been `34,252/- per annum (`2,854/- per month) which has to be taken into consideration. According to the judgment of the Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, 50% is to be added as the deceased was 32 years old, appropriate deduction towards the personal expenses of the deceased is MAC.APP.254-57/2005 Page 2 of 6 1/4th as the deceased has left behind four legal representatives and the appropriate multiplier at the age of 32 is 16. Following the aforesaid judgment of the Supreme Court, the income of the deceased is taken to be `2,854/-, 50% is added towards future prospects, personal expenses are reduced from 1/3rd to 1/4th and the multiplier is enhanced from 15 to 16. In MCD v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 200, the Supreme Court has awarded interest @ 9% per annum. Following the aforesaid judgment, the rate of interest is enhanced from 7% per annum to 9% per annum. The appellant are entitled to compensation of `6,55,112/- as per the break up given hereunder:-
1. Income of the deceased : `4,281/-
(`2,854 + 50%)
2. Less 1/4th towards personal : `1,070/-
expenses of the deceased
3. Total loss of dependency : `6,16,512/-
(Applying the multiplier of 16)
4. Compensation towards loss of : `6,000/-
consortium
5. Compensation towards funeral : `4,000/-
expenses
6. Compensation towards : `8,600/-
expenditure on treatment.
7. Compensation towards loss of : `10,000/-
love and affection
8. Compensation towards loss of : `10,000/-
estate
Total : `6,55,112/-
MAC.APP.254-57/2005 Page 3 of 6
5. For the reasons as stated hereinabove, the appeal is allowed and the award amount is enhanced from `4,50,600/- to `6,55,112/- along with interest @ 9% per annum from the date of filing of the petition till realization. The enhanced award amount along with interest be deposited with UCO Bank, Delhi High Court Branch by means of cheque drawn in the name of UCO Bank A/c Rajesh Kumari @ Rajesh Devi. Upon the aforesaid amount being deposited, the UCO Bank is directed to release 10% of the amount by transferring the same to her Saving Bank Account. The remaining amount be kept in fixed deposit in the name of the appellant in the following manner:-
(i) Fixed deposit in respect of 10% for a period of one year.
(ii) Fixed deposit in respect of 10% for a period of two years.
(iii) Fixed deposit in respect of 10% for a period of three years.
(iv) Fixed deposit in respect of 10% for a period of four years.
(v) Fixed deposit in respect of 10% for a period of five years.
(vi) Fixed deposit in respect of 10% for a period of six years.
MAC.APP.254-57/2005 Page 4 of 6
(vii) Fixed deposit in respect of 10% for a period of seven years.
(viii) Fixed deposit in respect of 10% for a period of eight years.
(ix) Fixed deposit in respect of 10% for a period of nine years.
6. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the respective Savings Account of the beneficiaries.
7. Withdrawal from the aforesaid account shall be permitted to the beneficiaries after due verification and the Bank shall issue photo Identity Card to the beneficiary to facilitate identity.
8. No cheque book be issued to the beneficiaries without the permission of this Court.
9. The original fixed deposit receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the beneficiaries along with the photocopy of the FDRs. Upon the expiry of the period of each FDR, the Bank shall automatically credit the maturity amount in the Savings Account of the beneficiaries.
10. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.
11. Half yearly statement of account be filed by the Bank in this Court.
MAC.APP.254-57/2005 Page 5 of 6
12. On the request of the beneficiaries, Bank shall transfer the Savings Account to any other branch according to their convenience.
13. The beneficiaries shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New Delhi (Mobile No. 09871129345).
14. Copy of this judgment be sent to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New Delhi (Mobile No.09871129345).
J.R. MIDHA, J MAY 01, 2012 mk MAC.APP.254-57/2005 Page 6 of 6