The Commandant Of Pace vs Ishrana Ali & Ors.
2009 Latest Caselaw 4827 Del

32
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.544/2008

                               Date of Decision: 25th November, 2009
%

      THE COMMANDANT OF PACE               ..... Appellant
                  Through : Mr. Prashant Katara, Adv.
                            for Mr. Anil Mittal, Adv.

                      versus

    ISHRANA ALI & ORS.             ..... Respondents
                   Through : None.
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.12,22,400/- has been

awarded to claimants/respondents No.1 to 5.

2. The accident dated 11th July, 2006 resulted in the death

of Tasim Ali. The deceased was survived by his widow, minor

daughter, minor son and parents who filed the claim petition

before the learned Tribunal.

3. The deceased was aged 33 years at the time of the

accident and was a Computer Engineer. The claimants

claimed the income of the deceased to be Rs.25,000/- to

Rs.30,000/- per month. However, the learned Tribunal the

income of the deceased as Rs.6,000/- per month, 50% was

added towards the future prospects, 1/4th was deducted

towards personal expenses and the multiplier of 17 was

applied to compute the loss of dependence at Rs.11,42,400/-.

Rs.10,000/- has been awarded towards funeral expenses,

Rs.30,000/- towards loss of consortium and Rs.40,000/-

towards loss of love and affection. The total compensation

awarded is Rs.12,22,400/-.

4. The only ground urged by learned counsel for the

appellant at the time of hearing of this appeal is that the

income of the deceased has been taken on a higher side.

5. There is no merit or substance in the submission of the

learned counsel for the appellant. It has been proved on

record that the deceased was a Computer Engineer having

Diploma in Computer Engineering/Programming. The

deceased was an Income Tax payee. The passbook of the

deceased was proved as Ex.PW1/22 which showed the

entries of Rs.50,412/- in the year 2003, Rs.1,10,320/- in the

year 2004, Rs.83,731/- in the year 2005 and Rs.2,70,987/- in

the year 2006. The claimants pressed before the learned

Tribunal that income of the deceased be taken to be

Rs.2,70,987/- as per the income reflected in the passbook for

year 2006. However, the learned Tribunal did not accept the

submission and took the took the income of Rs.6,000/-

considering the minimum wages of Rs.4,031/- per month and

that the deceased was highly qualified.

6. The income of the deceased assessed by the learned

Tribunal is on a lower side and warrants enhancement.

However, since no cross-objections have been filed by the

claimants, no further orders are required in this regard.

7. For all the aforesaid reasons, the appeal is dismissed.

8. The appellant has deposited the entire award amount in

terms of the order dated 17th March, 2009 out of which

Rs.1,00,000/- has been released to respondent No.1 and

Rs.1,00,000/- has been released to respondent No.5 and the

remaining amount is in four fixed deposits in terms of the

order dated 7th July, 2009.

9. The UCO Bank is directed to hand over the fixed

deposit receipts to respondents No.1, 2, 3 and 5 on the

period of expiry of the FDR.

10. Copy of this order be given 'Dasti' to learned counsel

for the parties under the signature of Court Master.

11. Copy of this order be also sent to UCO Bank, Delhi High

Court Branch thorough Mr. M.M. Tandon, Member-Retail

Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile

No. 09310356400).

J.R. MIDHA, J NOVEMBER 25, 2009 aj