Delhi High Court

Rekha vs Ganga Ram Nath & Ors. on 7 July, 2009

Author: J.R. Midha

17
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +      MAC.APP. 155/2009

                                        Date of Decision: 07th July, 2009
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      REKHA                                        ..... Appellant
                       Through : Mr. D.D. Singla, Adv.

                       versus

      GANGA RAM NATH & ORS.             ..... Respondents
              Through : Mr. Amit Kumar Pandey, Adv.


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 appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.13,34,000/- has been

awarded to the appellant. The appellant seeks the

enhancement of the award amount.

2. The accident dated 22nd February, 2006 resulted in the

death of Anil Chauhan. The deceased was survived by his

widow, parents, two unmarried sisters and a brother who

filed the claim petition before the learned Tribunal.

3. The deceased was working as Executive with HBL

Global Pvt. Ltd. at the time of the accident.

4. The appellant appeared in the witness box as PW-1 and

deposed that the deceased was earning Rs.20,000/- per

month. PW-1 proved the salary slips - Ex.PW1/7 to

Ex.PW1/21. PW-1 further deposed that the deceased was

Income Tax payee and TDS was deducted from his salary by

the employer. The Form 16A was exhibited as Ex.PW1/22.

The statement of salary account of the deceased with HDFC

Bank was exhibited as Ex.PW1/23A.

5. The father of the deceased appeared as PW-2 and

deposed that the deceased was earning Rs.17,000/- per

month at the time of his accident.

6. The Area Sales Manager of the employer of the

deceased appeared as PW-3 and proved the letter -

Ex.PW3/A. PW-3 proved the salary slips - Ex.PW3/C1 to

Ex.PW3/C14, joining application - Ex.PW3/D, joining form -

Ex.PW3/E, biodata - Ex.PW3/F, the academic qualification of

the deceased - Ex.PW3/G. PW-3 further deposed that the

deceased would have got one grade promotion every year

and would have reached the position of Manager at the

retirement age of 58 years if he had not died in the accident

in question. PW-3 further deposed that the present salary of

the Manager was about Rs.3,00,000/- excluding incentives.

7. The eye-witness of the accident appeared as PW-4 and

proved that the accident in question occurred due to the rash

and negligent driving of the offending vehicle.

8. The learned Tribunal has taken the income of the

deceased to be Rs.9,000/- per month. The learned Tribunal

has not taken the future prospects into consideration. 1/3rd

has been deducted towards the personal expenses of the

deceased and the multiplier of 17 has been applied to

compute the loss of dependency at Rs.12,24,000/-.

Rs.50,000/- has been awarded towards loss of consortium to

the appellant and Rs.10,000/- has been awarded towards

funeral expenses and Rs.50,000/- towards loss of love and

affection. The total compensation awarded is Rs.13,34,000/-

along with interest @9% per annum.

9. The appellant has urged the following grounds at the

hearing of this appeal:-

(i) The income of the deceased be taken at Rs.12,000/-

instead of Rs.9,000/- per month.

(ii) The future prospects be taken into consideration.

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

1/4th instead of 1/3rd.

10. The learned Tribunal has taken the income of the

deceased to be Rs.9,000/- per month from the salary slips -

Ex.PW1/7 to Ex.PW1/21 and Ex.PW3/C1 to Ex.PW3/C14.

According to the last salary slip for the month of January,

2006, the deceased got the salary of Rs.17,710/- which

included arrear of the incentives to the tune of Rs.6,050/-

and conveyance allowance of Rs.1,500/-. The learned

Tribunal deducted the allowances from the salary of the

deceased and took the income of the deceased to be

Rs.9,000/- per month. The learned counsel for the appellant

has placed reliance on the certificate under Section 203 of

the Income Tax Act, 1961 - Ex.PW1/22 filed by the employer

in respect of the Income Tax Deducted at source. As per the

certificate, the gross salary paid to the deceased for the

period April, 2005 to March, 2006 is Rs.1,40,937/- and

Rs.3,082/- has been deducted as TDS by the employer and

deposited with the Income Tax Authorities. The learned

counsel for the appellant submits that the income of

Rs.1,40,937/- shown in Ex.PW1/22 is for a period of 11

months since the deceased expired on 22 nd February, 2006

and the average income for the 12 months would be to the

tune of Rs.1,50,000/- and the average monthly income of the

deceased according to Ex.PW1/22 would be to the tune of

Rs.12,500/- per month. The Income Tax paid by the

deceased, the transportation allowances of Rs.8,800/- and

conveyance charges of Rs.1,500/- per month have to be

deducted from the said salary of the deceased for

computation of compensation. After deducting the Income

Tax paid by the deceased and the transportation/conveyance

allowances from the gross salary of Rs.12,500/-, the income

of the deceased for computation of compensation is taken to

be Rs.10,500/- per month. PW-3 has proved the future

prospects and according to 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, 50% of the income of the

deceased has to be added towards the future prospects.

50% of the income of the deceased towards the future

prospects comes to Rs.5,250/- and adding the same to the

income of the deceased, the total comes to Rs.15,750/- per

month. The deceased has left behind three legal

representatives, namely, widow and parents. The two sisters

and a brother also joined in the claim petition but the learned

Tribunal has not taken them to be the dependents of the

deceased. Considering that the deceased left behind his

widow and two parents, 1/3rd is deducted towards the

personal expenses of the deceased which comes to

Rs.5,250/-. The dependency of the claimants is taken to be

Rs.10,500/-. The learned Tribunal has applied the multiplier

of 17. However, the appropriate multiplier considering the

age of the deceased to be 21 years according to the

judgment of Sarla Verma (supra) is 18 and the loss of

dependency is computed to be Rs.22,68,000/- (Rs.10,500 x

12 x 18). The learned Tribunal has awarded Rs.50,000/-

towards loss of consortium, Rs.10,000/- towards funeral

expenses and Rs.50,000/- towards loss of love and affection

and adding the said amount, the total comes to

Rs.23,16,000/-.

11. The appeal is allowed and the award amount is

enhanced from Rs.13,34,000/- to Rs.23,16,000/- along with

interest @9% per annum from the date of filing of the

petition till realization. The shares of the appellant and other

claimants in the award amount shall be in the same

proportion as in the award of the learned Tribunal. The

shares of the claimants in the enhanced award amount along

with interest shall be as under: -

             Appellant               -    50%
             (Rekha)

             Respondent No.4         -    20%
             (Jagan Nath)

             Respondent No.5         -    30%
             (Sheela)

12. The enhanced amount be paid by respondent No.3 by

means of a account payee cheque drawn by respondent No.3

in the name of UCO Bank A/c Rekha, Delhi High Court

Branch, New Delhi and be handed over to Mr. M.M. Tandon,

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

New Delhi (Mobile No. 09310356400).

13. Upon the aforesaid amount being deposited, the UCO

Bank is directed to transfer a sum of Rs.1,00,000/- in the

savings bank account of the appellant and a sum of

Rs.50,000/- each in the savings bank accounts of the

parents. The remaining share of the appellant and the

parents be kept in the fixed deposit for the periods

mentioned below:-

      Appellant              -       50% of the enhanced
      (Rekha)                        award     amount       minus
                                     Rs.1,00,000/- for a period of
                                     5 years.

      Respondent No.4        -       20% of the enhanced award
      (Jagan Nath)                   amount minus Rs.50,000/-

                                      or a period of 5 years.

      Respondent No.5          -     30% of the enhanced award
      (Sheela)                       amount minus Rs.50,000/-
                                     for a period of 5 years.

14. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the respective

Savings Account of appellants.

15. Withdrawal from the aforesaid account shall be

permitted to the appellant and respondents No.4 and 5 after

due verification and the Bank shall issue photo Identity Card

to the appellants to facilitate identity.

16. The original Fixed Deposit Receipts shall be retained by

the Bank in the safe custody. However, the original Pass

Books shall be given to the appellant and respondents No.4

and 5 along with the photocopy of the FDRs.

17. The original Fixed Deposit Receipts shall be handed