Delhi High Court
Pushpa Arora & Ors. vs Onkar Singh & Ors on 21 August, 2009
Author: J.R. Midha
16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.478/2005
% Date of decision: 21st August, 2009
PUSHPA ARORA & ORS. ..... Appellants
Through : Mr. D.D. Dayani, Adv.
versus
ONKAR SINGH & ORS ..... Respondents
Through : Mr. R.N. Sharma, 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 appellants have challenged the award of the learned
Tribunal whereby compensation of Rs.11,90,040/- has been
awarded by the learned Tribunal. The appellants are seeking
enhancement of the award amount.
2. The accident dated 26th April, 2001 resulted in the death of
Prem Swarup. The deceased was survived by his widow, one son
and two daughters who filed the claim petition before the learned
Tribunal. The deceased was aged 51 years at the time of the
accident and was working as Assistant Manager with Food
Corporation of India earning Rs.17,601/- per month. The learned
Tribunal deducted the Income Tax out of the salary and took the
income of the deceased at the time of the accident to be
Rs.16,320/- per month. 1/3rd was deducted towards the personal
expenses of the deceased and the multiplier of 9 was applied to
compute the loss of dependency at Rs.11,75,040/-. Rs.5,000/-
has been awarded towards funeral expenses and Rs.10,000/-
towards loss of consortium. The total compensation awarded is
Rs.11,90,040/-.
3. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The future prospects of the deceased be taken into
consideration.
(ii) The personal expenses of the deceased be reduced
from 1/3rd to 1/4th.
(iii) The multiplier be enhanced from 9 to 11.
(iv) The compensation be awarded for loss of love and
affection and loss of estate.
(v) The interest be enhanced from 7% to 9%.
4. The law with respect to the future prospects, deduction
towards the personal expenses and multiplier is settled by the
recent judgment of the Hon'ble Supreme Court in the case of
Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)
Scale 129. According to the said judgment, no future prospects
have to be taken into consideration in respect of the death of a
person aged more than 50 years, the personal expenses of the
deceased leaving behind three to six legal representatives have
to be taken as 1/4th of his income and the appropriate multiplier
at the age of 51 years is 11.
5. Following the aforesaid judgment of the Hon'ble Supreme
Court, no case for enhancement on account of future prospects is
made out. However, since the deceased left behind four
dependents, the personal expenses of the deceased are reduced
from 1/3rd to 1/4th and the multiplier is enhanced from 9 to 11.
The loss of dependency of the appellants is computed to be
Rs.16,15,680/- (Rs.16,320 x 3/4 x 12 x 11). The learned Tribunal
has not awarded any compensation for loss of love and affection
and loss of estate. Rs.10,000/- is awarded towards loss of love
and affection and Rs.10,000/- towards loss of estate. The
appellants are entitled to total compensation of Rs.16,50,680/-
(Rs.16,15,680 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000).
The learned Tribunal has awarded the interest @7% per annum.
Following the judgment of the 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 enhanced from 7% to
7.5% per annum.
6. The appeal is allowed and the award amount is enhanced
from Rs.11,90,040/- to Rs.16,50,680/- along with interest @7.5%
per annum from the date of filing of the petition till realization.
7. The shares of the appellants in the award amount shall be
as under:-
Appellant No.1 : 60%
Appellant No.2 : 10%
Appellant No.3 : 10%
Appellant No.4 : 20%
8. The learned counsel for the appellant submits that he has
instructions from appellants No.2 to 4 that the entire award
amount be paid to appellant No.1. Let the affidavit be filed by
appellants No.2 to 4 before this Court on the next date of
hearing.
9. The enhanced award amount along with interest be
deposited with the UCO Bank, Delhi High Court Branch A/c
Pushpa Arora within 30 days.
10. Upon the aforesaid amount being deposited, the UCO Bank,
Delhi High Court Branch is directed to release 50% of the award
amount along with interest to appellant No.1 and the remaining
50% award amount along with interest thereon be kept in fixed
deposit in the name of appellant No.1 for a period of five years on
which monthly interest be paid to her.
11. The interest on the aforesaid fixed deposit be paid monthly
by automatic credit of interest in the Savings Account of
appellant No.1.
12. Withdrawal from the aforesaid account shall be permitted to
appellant No.1 after due verification and the Bank shall issue
photo Identity Card to appellant No.1 to facilitate identity.
13. No loan, advance or withdrawal shall be allowed on the said
Fixed Deposit Receipt without the permission of this Court.
14. On the request of appellant No.1, the Bank shall transfer the
Savings Account to any other branch of UCO Bank in Delhi
according to the convenience of appellant No.1.
15. Appellant No.1 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 (Mobile No. 09310356400).
16. List for directions and filing of the affidavits of appellant
Nos.2 to 4 on 9th October, 2009.
17. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
18. 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
AUGUST 21, 2009
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