Delhi High Court
Phulawati & Ors. vs Ravi Khurana & Ors. on 9 December, 1999
Equivalent citations: 2000 IIAD Delhi 309
Author: M Sarin
Bench: M Sarin
ORDER
Manmohan Sarin, J.
IA. 1186/99 in S. 281/99
1. This is an application moved by the plaintiffs seeking interim relief.
Learned counsel for the plaintiffs, in view of the subsequent developments
leading to settlement, do not press this application.
2. The application is dismissed as not pressed.
IAs. 8182, 8183, 8184/99
3. These are applications filed by the applicants/defendants under Order
VII, Rule 11 of the Code of Civil Procedure for rejection of the plaint.
4. Learned counsel for the applicants, in view of the settlement having
been reached, do not press these applications.
5. The applications are dismissed as not pressed.
IAs. 11247, 11248/99.
6. These are applications filed by the Plaintiffs under Order I, Rule 10
of the Code of Civil Procedure for placing on record the amended memo of
parties.
7. The amended memo of parties, dated 7.12.1999 has already been filed
and is on record. No further orders are called for on these applications.
8. The applications stand disposed of.
IA. 12238/99.
9. This is an application for bringing on record the legal heirs of
plaintiffs 3 and 4. Learned counsel for the defendants do not oppose the
application. The application is allowed. The amended memo of parties, dated
7.12.1999, is already on record. Counsel for the plaintiffs submit that the
said amended memo of parties duly reflects all the legal representatives of
the deceased.
Application stands disposed of.
IAs. 11/67, 12091/99
10. These are applications filed by the parties under Order XXIII, Rule 1
of the Code of Civil Procedure for withdrawal of the suit. Plaintiffs are
the legal heirs of the persons who died as also the person who received
injuries, in the accident/incident dated 10.1.1999.
11. Plaintiffs have filed this suit claiming exemplary damages for the
death of the deceased and compensation for the injured plaintiff. Parties
have settled their disputes and defendant No. 7, who is the owner of the
BMW car has offered to pay compensation of Rs. 10.0 lacs to the L.Rs, of
each of the persons who died and Rs. 5.0 lacs to plaintiff Manoj Mallick,
who sustained injuries in complete settlement of the claim in suit against
all the defendants. Plaintiffs have accepted the said offer and agreed to
the withdrawl of the suit. The applications (IA.Nos. 11767/99 & 12091/99)
are signed by counsel for the parties and accompanied with affidavits of
parties.
12. Learned counsel for the plaintiffs on instructions from parties re-
quested the Court to apportion the amount of compensation offered by de-
fendant No. 7 between the plaintiffs i.e. legal representatives of the
deceased with such directions as considered appropriate for its disburse-
ment and protection of the compensation amount to ensure that it is not
frittered away and fully utilised for the upkeep of the families of the
deceased and for the benefit of the injured. The counsel for the defendants
also stated that they have no objection to the above course of action.
13. Upon consideration of vocation, background and level of education of
deceased, the legal heirs left behind by the deceased, their age and de-
pendency, directions are being given to keep substantial amounts in fixed
deposits for varying periods so as to ensure that the dependents get regu-
lar income by way of interest for their basic sustenance and future needs.
Care has been taken to protect part of the corpus of compensation to be
available to the minor children upon attaining majority for marriage and
higher education and career development. Provision has also been made for
certain free amount to be available to meet contingencies and liabilities
which may have arisen as of now. In the case of aged parents, some free
amount has been left for utilisation and a lesser period of FIR has been
given, keeping in view the advanced ages.
14. The compensation of Rs. 10 lakhs each for the deceased and Rs. 5 lakhs
for the injured is directed to be apportioned and disbursed as under :
Name of deceased Claimants Disbursement of compensa-
(approx, age) tion, (Rs, in lakhs)
1. Peerulal (i) Phulwat Rs.6.00 in FDR for 12 years
(widow-28 yrs) with interest payable
quarterly. Rs. 0.20 to be
paid to Phulwati.
(ii) Poonam Rs. 0.80 in FIR for
(minor) 8 yrs. in the name of minor
daughter under the guardianship
10 yrs of Phulwati with interest
payable quarterly in
guardian Phulwati.
Rs. 0.50 in FDR
(Cumulative) for 8 yrs.
in the name if minor
under guardianship of
Phulwati.
(iii) Pawan Rs. 0.50 in FDR for
(minor) 10 years in the name
son-8 yrs. of minor under the
guardianship of
Phulwati with int.,
payable quarterly to
guardian Phulwati.
Rs. 0.50 in FDR
(Cumulative) for 10
yrs. in the name
of minor under
guardianship of Phulwati.
(iv) Naveen Rs. 0.50 in FDR for
minor 12 years in the name of minor
son-6 yrs. under the guardianship of
Phulwati with int., payable
quarterly to guardian
(Phulwati).
Rs. 0.50 in FDR (Cumulative)
for 12 yrs. in the name of
minor under guardianship of
Phulwati.
(v) Chunni Devi Rs. 0.30 in FDR for
(mother- 5 years with interest
60 yrs.) payable quarterly.
Rs. 0.20 to be paid to
Chunni Devi.
2. Ram Raj Singh (i) Sarwadevi Rs. 5.50 in FDR for 10 years
(widow-32yrs.) with interest payable
quarterly.
Rs.0.30 to be paid to
Sarwadevi.
(ii) Pankaj Rs. 0.50 in FDR for
(minor) 5 years in the name of minor
(son- under the guardianship of
15 yrs) Sarwadevi with int., payable
quarterly to guardian.
Rs. 0.50. in FDR (Cumulative)
for 5 yrs. in the name of the
minor under guardianship of
Sarwadevi.
(iii) Rekha Rs. 0.50 in FDR for
(minor) 6 years in the name of minor
(daughter under the guardianship of
12 yrs) Sarwadevi with int., payable
quarterly to guardian.
Rs. 0.80 in FDR (Cumulative)
for 6 yrs. in the name of the
minor under guardianship of
Sarwadevi.
(iv) Sachin Rs. 0.50. in FDR for
(minor) 12 years in the name of minor
(son- under the guardianship of
6 yrs) Sarwadevi with int., payable
quarterly to guardian.
Rs. 0.50 in FDR (Cumulative)
for 12 years in the name of
the minor under guardianship
of Sarwadevi.
(v) Khajani Rs. 0.30 in FDR for 5 years
(mother- with interest payable quarterly.
60 yrs) Rs. 0.30 to be paid
to Khajani.
(vi) Rajpal Rs. 0.30 in FDR for 3 years
(father- with interest payable quarterly.
65 yrs) Rs. 0.15 to be paid to Rajpal.
3. Mohd. Gulab (i) Sanjeeda Rs. 4.75 in FDR for 15
(widow- years with interest payable
20 yrs) quarterly.
Rs.0.25 to be paid to
Sanjeeda.
(ii) Kulsum Rs. 2.25 in FDR for 10 years
Nisha with int., payable quarterly.
(mother-
42 yrs)
Rs. 0.25 to be paid to
Kulsum Nisha.
(iii) Motibul Rs. 2.25 in FDR for 10 years
Rehman with interest payable
(father quarterly.
45 yrs)
Rs. 0.25 to be paid to
Motibul Rehman.
4. Mehndi Hasan (i) Abdul Rs. 4.75 in FDR for 10 years
Jabbar with interest payable quarterly.
(father-
45 yrs.)
Rs. 0.25 to be paid to
Abdul Jabbar.
(ii) Mehroon Rs. 4.75 in FDR for
Nisha 10 years with int., payable
(mother- quarterly.
40 yrs.)
Rs. 0.25 to be paid to
Mehroon Nisha.
5. Nasir Hussain (i) Sarfunisa Rs. 9.50 in FDR for
38 yrs. 12 yrs. with interest payable
(widow quarterly.
mother)
Rs. 0.50 to be paid to
Sarfunisa.
6. Manoj Mallick -- Rs. 4.50 in FDR for 10 years
(injured) with int., payable quarterly.
Rs. 0.50 to be paid to
Manoj Mallick.
7.Rajan Kumar (i) Kamlawati Rs. 5.50 in FDR for
(widow- 10 years with int., payable
25yrs.) quarterly.
Rs.0.20 to be paid to
Kamlawati.
(ii) Seema Rs. 0.50 in FDR for
(minor) 11 years in the name of minor
(daughter - under the guardianship of
7 yrs) Kamlawati with int., payable
quarterly to guardian.
Rs. 0.80 in FDR
(Cumulative) for 11 years
in the name of the minor under
guardianship of Kamlawati.
(iii) Reema Rs 0.50 in FDR for
(minor) 13 years in the name of
(daughter - minor under the guardianship
5 yrs.) of Kamlawati with int., payable
quarterly to guardian.
Rs. 0.80 in FDR (Cumulative)
for 13 yrs. in the name of
the minor under guardianship
of Kamlawati.
(iv) Savita Rs. 0.60 in FDR for
Devi 10 years with int.,
(mother - payable quarterly.
48 yrs.)
Rs. 0.25 to be paid to
Savita Devi.
(v) Ram Rs. 0.60 in FDR for
Bishnu 10 years with int.,
(father - payable quarterly.
50 yrs.)
Rs. 0.25 to be paid to
Ram Bishnu.
15. There shall be no encashment of the FDR or any loan/advance given
against the same without permission of the Court. Parties in any unforeseen
circumstances or emergency may approach the Court for, relief to meet the
requirement of funds.
16. The disposal of the suit pursuant to the settlement reached between
the parties shall not be taken as acceptance of any of the averments and
contentions of the parties and shall not have any bearing or affect on the
criminal proceedings in relation to the incident.
17. The suit stands disposed of. A copy of the order be given Dasti to
counsel for the parties.
