Delhi High Court
Om Prakash vs Vakil on 26 November, 2009
Author: J.R. Midha
35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.252/2008
% Date of decision: 26th November, 2009
OM PRAKASH ..... Appellant
Through : Mr. Sanjeev Mehta, Adv.
versus
VAKIL ..... Respondent
Through : Mr. Amit Kumar Pandey, 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 the compensation of Rs.1,45,000/- has been
awarded to the appellants. The appellants seek enhancement of
the award amount.
2. The accident dated 10th June, 2003 resulted in the death of
Usha. The deceased was survived by her husband, two sons and
a daughter who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 60 years at the time of the accident
and was running a massage parlour from her residence. The
appellants claim that the deceased was earning Rs.4,000/- per
month. However, in the absence of any documentary evidence of
income, the learned Tribunal took the minimum wages of
Rs.2,624.90 in respect of an unskilled worker, deducted 1/3 rd
towards personal expenses and applied the multiplier of 5 to
compute the loss of dependency at Rs.1,20,000/-. Rs.15,000/-
has been awarded towards loss of love and affection, Rs.5,000/-
towards funeral expenses and Rs.5,000/- towards loss of estate.
The total compensation awarded is Rs.1,45,000/-.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The income of the deceased should be taken
according to the minimum wages of a skilled worker.
(ii) Increase in minimum wages due to rise in price index
and increase in inflation be taken into consideration.
(iii) The multiplier be enhanced from 5 to 9.
(iv) The compensation be awarded for loss of consortium.
(v) The interest be enhanced from 6% per annum to 7.5%
per annum.
5. Though the income of the deceased has not been proved by
any documentary evidence, her occupation has been duly proved
by the statement of PW-3 which was corroborated by PW-4. The
minimum wages of Rs.3,695/- per month for a skilled worker at
the time of the accident are taken into consideration for
computation of compensation. Since the deceased was aged 60
years, the future prospects need not be taken into consideration.
The appropriate multiplier at the age of 60 according to the
judgment of the Hon'ble Supreme Court in the case of Sarla
Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129
is 9. The multiplier is, therefore, enhanced from 5 to 9.
6. Taking the income of the deceased as Rs.3,695/- per month,
deducting 1/3rd towards personal expenses and applying the
multiplier of 9, the loss of dependency is computed to be
Rs.2,66,040/- (Rs.3,695 x 12 x 2/3 x 9).
7. The learned Tribunal has not awarded any compensation
towards loss of consortium. Rs.10,000/- is awarded towards loss
of consortium. The appellants are entitled to total compensation
of Rs.3,01,040/- (Rs.2,66,040 + Rs.15,000 + Rs.5,000 + Rs.5,000
+ Rs.10,000).
8. The learned Tribunal has awarded interest @6% 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 6%
per annum to 7.5% per annum.
9. The appeal is allowed and the award amount is enhanced
from Rs.1,45,000/- to Rs.3,01,040/- along with interest @7.5% per
annum from the date of filing of the petition till realization. The
share of the appellants in the enhanced award amount and
interest shall be equal.
10. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Om Prakash
through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400) within 30
days.
11. Upon the aforesaid amount being deposited, UCO Bank is
directed to release 50% of the enhanced award amount along
with interest to the appellants in equal shares by transferring the
said amount to their respective Saving Bank Account.
12. The remaining 50% amount along with interest be kept in
four fixed deposits in the name of the appellants (each appellant
having 1/4th share) for a period of 2½ years.
13. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the Savings Account of
the appellants.
14. Withdrawal from the aforesaid accounts shall be permitted
to the appellants after due verification and the Bank shall issue
photo Identity Card to the appellants to facilitate identity.
15. No cheque book be issued to the appellants without the
permission of this Court.
16. The original Fixed Deposit Receipt shall be retained by the
Bank in the safe custody. However, the original Pass Book shall
be given to the appellants along with the photocopy of the FDRs.
17. The original fixed deposit receipts shall be handed over to
the appellants at the end of the fixed deposit period.
18. No loan, advance or withdrawal shall be allowed on the said
fixed deposit receipt without the permission of this Court.
19. Half yearly statement of account be filed by the Bank in this
Court.
20. On the request of the appellants, the Bank shall transfer the
Savings Account to any other branch of UCO Bank according to
the convenience of the appellants.
21. The appellants 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.
22. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
23. 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
NOVEMBER 26, 2009
aj
