Arvind Singh vs Farukh Ahmed
2009 Latest Caselaw 3932 Del

28
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO.No.290/1995

                           Date of Decision: 24th September, 2009
%

      ARVIND SINGH                             ..... Appellant
                        Through : Mr. Y.R. Sharma, Adv.

                  versus

      FARUKH AHMED                             ..... Respondent
                        Through : Ms. Varsha Pathak, Adv. for
                                  Mr. Mohan Babu Aggarwal,
                                  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 appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.1,00,000/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 6th August, 1984 resulted in the

death of Bhim Singh. The deceased was survived by his son

who filed the claim petition before the learned Tribunal.

3. The deceased was aged 32 years at the time of the

accident. The deceased was working as Peon with Ministry of

Food and Civil Supplies earning Rs.687.30 per month. The

learned Tribunal took the future prospects into consideration

and estimated the income of the deceased for computation

of compensation at Rs.1,200/- per month. The learned

Tribunal deducted 50% towards the personal expenses of the

deceased and applied the multiplier of 14 to compute the

loss of dependency at Rs.1,00,800/- which was rounded of as

Rs.1,00,000/-. No compensation has been awarded towards

loss of love and affection, loss of estate and funeral

expenses.

4. The learned counsel for the appellant has urged the

following grounds at the time of hearing of this appeal:-

(i) The personal expenses of the deceased be

reduced from 1/2 to 1/3rd.

(ii) The multiplier be enhanced from 14 to 16.

(iii) The compensation be awarded for loss of love and

affection, loss of estate and funeral expenses.

5. The Hon'ble Supreme Court in the case of Sarla Verma

Vs. Delhi Transport Corporation, 2009 (6) Scale 129

has held the appropriate multiplier at the age of 32 to be 16

and the personal expenses of the deceased married person

to be 1/3rd where the deceased has left behind up to three

dependent heirs.

6. Following the aforesaid judgment, the multiplier is

enhanced from 14 to 16 and the personal expenses of the

deceased are reduced from 1/2 to 1/3rd. Taking the income

of the deceased to be Rs.1,200/ per month, deducting 1/3rd

towards the personal expenses of the deceased and applying

the multiplier of 16, the loss of dependency is computed to

be Rs.1,53,600/-. The learned Tribunal has not awarded any

compensation towards the loss of love and affection, loss of

estate and funeral expenses. Rs.5,000/- is awarded towards

the loss of love and affection, Rs.5,000/- towards the loss of

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

compensation awarded is Rs.1,68,600/- (Rs.1,53,600 +

Rs.5,000 + Rs.5,000 + Rs.5,000).

7. The appeal is allowed and the award amount is

enhanced from Rs.1,00,000/- to Rs.1,68,600/-.

8. The learned Tribunal has awarded interest at the rate of

12% per annum which is not disturbed on the original award

amount of Rs.1,00,000/-. However, on the enhanced award

amount, the rate of interest shall be 7.5% per annum from

the date of filing of the petition till deposit.

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

award amount along with interest with UCO Bank, Delhi High

Court Branch within 30 days.

10. Upon such deposit being made, the UCO Bank is

directed to release 50% of the enhanced award amount to

the appellant and the remaining 50% be kept in fixed deposit

with the nationalized bank for a period of five years on which

monthly interest be paid to him.

11. The interest on the aforesaid fixed deposit shall be paid

monthly by automatic credit of interest in the Savings

Account of the appellant.

12. Withdrawal from the aforesaid account shall be

permitted to the appellant after due verification and the

Bank shall issue photo Identity Card to the appellant to

facilitate identity.

13. No cheque book be issued to the appellant without the

permission of this Court.

14. 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 appellant along with the

photocopy of the FDR.

15. The original Fixed Deposit Receipt shall be handed over

to the appellant at the end of the fixed deposit period.

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

said Fixed Deposit Receipt without the permission of this

Court.

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

this Court.

18. On the request of the appellant, the Bank shall transfer

the Savings Account to any other branch of the Bank in Delhi

according to the convenience of the appellant.

19. The claimant/respondent 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.

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

parties under the signatures of the Court Master.

21. 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 SEPTEMBER 24, 2009 mk