Pushpa Rani & Ors. vs Harpal Singh & Ors.
2009 Latest Caselaw 2429 Del

1
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                   +       MAC.APP.No.150/2009

                                   Date of Decision: 2nd July, 2009
%

      PUSHPA RANI & ORS.             ..... Appellants
                    Through : Mr. Y.R. Sharma, Adv.

                       versus

      HARPAL SINGH & ORS.           ..... Respondents
                    Through : Mr. S.L. Gupta, 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.7,85,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 8th December, 2006 resulted in the

death of Laxman Dass aged 49 years working as a Constable

with Ministry of Home Affairs.

3. The deceased was survived by his widow aged 43

years, unmarried daughter aged 23 years and two sons aged

18 and 16 years who filed the claim petition before the

learned Tribunal.

4. Appellant No.1 is the widow of the deceased who

appeared in the witness box as PW-1 and proved the age,

occupation and income of the deceased husband. Ex.PW1/1

is the death certificate, Ex.PW1/2 is the ration card, Ex.PW1/3

and Ex.PW1/4 are the election identity cards, Ex.PW1/5 is the

identity card of Ministry of Home Affairs and Ex.PW1/6 is the

pay slip for the month of November, 2006. Ex.PW1/5 bears

the date of birth of the deceased as 27th September, 1957

according to which the age of the deceased was 49 years at

the time of the accident.

5. The Section Officer from Ministry of Home Affairs

appeared as PW-2 and he produced the statement of pay and

allowances of the deceased for the period 1st June, 2006 to

8th December, 2006 which were exhibited as Ex.PW2/A. The

salary of the deceased as per Ex.PW2/A at the time of his

death was Rs.9,008/-.

6. The learned Tribunal took the income of the deceased

as Rs.8,400/-. 1/3rd was deducted towards the personal

expenses of the deceased and the multiplier of 11 was

applied to compute the loss of dependency at Rs.7,40,000/-.

Rs.35,000/- has been awarded towards loss of love and

affection and consortium, Rs.5,000/- towards funeral

expenses and Rs.5,000/- towards loss of estate. The total

compensation awarded is Rs.7,85,000/-.

7. The appellant has urged the following grounds at the

time of hearing of this appeal:-

(i) The income of the deceased at the time of his death

be taken as Rs.9,008/- as per Ex.PW2/A.

(ii) The future prospects be taken into consideration.

(iii) The personal expenses of the deceased be taken as

1/4th instead of 1/3rd.

(iv) The multiplier of 13 should be applied instead of 11.

8. The income of the deceased at the time of his death

was Rs.9,008/- as per Ex.PW2/A. The deceased expired on

8th December, 2006. The salary of the deceased from June,

2006 to December, 2006 is given in Ex.PW2/A. The salary in

June, 2006 was Rs.8,670/- which was increased to Rs.9,008/-

in the July, 2006. The salary in the month of August, 2006,

September, 2006, October, 2006 and November, 2006 was

consistently Rs.9,008/-. For eight days of December, 2006,

the salary of the deceased was Rs.2,324/- based on the

monthly salary of Rs.9,008/-.

9. The learned Tribunal was in error in taking the income

of the deceased as Rs.8,400/-. The income of the deceased

is taken to be Rs.9,008/- for computation of compensation.

10. The learned Tribunal has not awarded any future

prospects to the deceased. The deceased had a permanent

job and was below 50 years and, therefore, the future

prospects of the deceased are computed by adding 30% of

the income following the recent judgment of the Hon'ble

Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation, 2009 (6) Scale 129 decided on

15th April, 2009. Mr. S.L. Gupta, learned counsel for

respondent No.3 submits that future prospects should not be

taken into consideration because the appellants are getting

the family pension. However, the Hon'ble Supreme Court in

the aforesaid judgment of Sarla Verma (supra) has not

carved out any exception in this regard and, therefore, the

submission of Mr. Gupta is not accepted. The income of the

deceased after taking the future prospects into consideration

is computed to be Rs.11,710/-(Rs.9,008 + 30% of Rs.9,008/-).

11. The learned Tribunal has deducted 1/3rd of the income

of the deceased as his personal expenses. The deceased has

left behind four legal representatives, namely, widow,

daughter and two sons and, therefore, as per the judgment

of the Hon'ble Supreme Court in the case of Sarla Verma

(supra), the personal expenses of the deceased are taken to

be 1/4 instead of 1/3.

12. The learned Tribunal has applied the multiplier of 11.

However, the appropriate multiplier as per the judgment of

the Hon'ble Supreme Court in the case of Sarla Verma

(supra) is 13 considering the age of the deceased to be 49

years. The multiplier is, therefore, increased from 11 to 13.

13. The appellants are entitled to the loss of dependency of

Rs.13,70,007/- (Rs.9,008 + 30% = Rs.11,710 - 2,927.9 X 12

X 13) taking the salary of Rs.9,008/-, adding 30% towards

future prospects, deducting 1/4th towards personal expenses

of the deceased and applying the multiplier of 13. The

computation of the compensation on the above basis is as

under:-

(a) Compensation for loss of dependency : Rs.13,70,007/-

(b) Compensation for consortium : Rs. 35,000/-

and love and affection.

(c) Compensation for funeral expenses : Rs. 5,000/-

(d) Compensation for loss of estate : Rs. 5,000/-

Total Compensation : Rs.14,15,007/-

14. The appeal is allowed and the compensation is

enhanced from Rs.7,85,000/- to Rs.14,15,007/- along with

interest @7.5% from the date of filing of the petition till

realization.

15. Respondent No.3 is directed to deposit the enhanced

amount along with up to date interest by means of an

account payee cheque in the name of UCO Bank A/c. Pushpa

Rani, Delhi High Court Branch, New Delhi. The shares of the

appellants in the award amount shall be as under:-

      Appellant No.1 (Widow)                -     60%
      Appellant No.2 (daughter)             -     20%
      Appellant No.3 (son)                  -     10%
      Appellant No.4 (son)                  -     10%

16. UCO Bank shall open savings bank account as well as

fixed deposit account of all the appellants. UCO Bank shall

transfer the sum of Rs.50,000/- to the savings bank account

of each of the appellants. The remaining share of each of

the appellants be kept in a fixed deposit. The period of fixed

deposit shall be as under:-

Appellant No.1 - 60% of the enhanced award amount along with interest minus Rs.50,000/- for a period of ten years to be renewed for a further period of ten years.

Appellant No.2 - 20% of the enhanced award amount along with interest minus Rs.50,000/- for a period of 2 years.

Appellant No.3 - 10% of the enhanced award amount along with interest minus Rs.50,000/- for a period of 3 years.

Appellant No.4 - 10% of the enhanced award amount along with interest minus Rs.50,000/- for a period of 3 years.

17. The interest on the aforesaid four fixed deposits shall

be paid monthly by automatic credit of interest in the

Savings Account of appellant No.1.

18. Withdrawal from the aforesaid saving 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.

19. No cheque book be issued to appellant No.1 without the

permission of this Court.

20. The original FDRs shall be retained by the Bank in the

safe custody. However, the original Pass Books shall be given

to appellant No.1 along with the photocopy of the FDRs.

21. The original Fixed Deposit Receipts shall be handed

over to the appellants at the end of the fixed deposit period.

22. No loan, advance or withdrawal shall be allowed on the

said FDRs without the permission of this Court. However, the

appellants are granted liberty to approach this Court for

withdrawal of amount at the time of marriage of appellant

No.2.

23. Half yearly statement of account be filed by the Bank in

this Court.

24. On the request of the appellants, the Bank shall

transfer the Savings Account to any other branch of UCO

Bank in Delhi according to the convenience of the claimants.

25. The appellant shall furnish all the relevant documents

for opening of the Saving Bank Accounts and Fixed Deposit

Accounts to Mr. M.M. Tandon, Member-Retail Team, UCO

Bank Zonal, Parliament Street, New Delhi.

26. List for reporting the compliance on 1st September,

2009.

27. Copy of the order be given dasti to counsel for both the

parties under the signatures of the Court Master.

28. Copy of this order be also sent to Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi through the UCO Bank, High Court Branch under

the signature of Court Master.

                                                 J.R. MIDHA, J
JULY 02, 2009/aj/spal    (chamber)