Roshni Devi & Ors. vs Raghbir Singh & Ors.
2010 Latest Caselaw 1844 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +     FAO.No.708/2002

                                 Date of Decision: 8th April, 2010
%

      ROSHNI DEVI & ORS.                   ..... Appellants
                    Through : Mr. M.K. Tiwari, Adv.
                              along with appellant
                              Nos.1 to 3.
               versus

      RAGHBIR SINGH & 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 appellants have challenged the awards of the

Claims Tribunal whereby compensation of Rs.1,37,400/- has

been awarded to them. The appellants seek enhancement of

the award amount.

2. The accident dated 21st December, 1981 resulted in the

death of Om Prakash. The deceased was survived by his

widow, two sons and parents who filed the claim petition

before the Claims Tribunal.

3. The deceased was working as a driver earning Rs.800/-

per month. The Claims Tribunal deducted 1/4th towards

personal expenses of the deceased and applied the multiplier

of 17 to compute the loss of dependency at Rs.1,22,400/-.

Rs.15,000/- has been awarded towards loss of love and

affection and funeral expenses. The total compensation

awarded is Rs.1,37,400/-.

4. The learned counsel for the appellant has urged the

following grounds at the time of hearing of hearing of this

appeal:-

(i) The future prospects be taken into consideration

by adding 50% of the salary of the deceased.

(ii) The compensation be awarded for loss of

consortium and loss of estate.

5. In Sarla Verma Vs. Delhi Transport Corporation,

2009 (6) Scale 129, the Hon'ble Supreme Court has held

that the future prospects in respect of the deceased aged

less than 40 years having permanent employment should be

taken as 50% of the last drawn salary of the deceased.

Following the aforesaid judgment, the income of the

deceased for computation of compensation is taken to be

Rs.1,200/- (Rs.800 + 50% of Rs.800).

6. The Claims Tribunal has not awarded any compensation

for loss of consortium and loss of estate. Rs.10,000/- is

awarded towards loss of consortium and Rs.10,000/- is

awarded towards loss of estate.

7. Taking the income of the deceased as Rs.1,200/- per

month, deducting 1/4th towards personal expenses of the

deceased, applying the multiplier of 17, adding Rs.15,000/-

towards loss of love and affection and funeral expenses,

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

towards loss of estate, the total compensation is computed

to be Rs.2,18,600/- (Rs.1,200 x 12 x 3/4 x 17) + Rs.15,000 +

Rs.10,000 + Rs.10,000].

8. The appeal is allowed with costs. The award amount is

enhanced from Rs.1,37,400/- to Rs.2,18,600/-. The Claims

Tribunal has awarded interest @9% per annum from the date

of filing of the claim petition till realization except the period

of 1st September, 1987 to 9th January, 1991 and 22nd July,

1999 to 31st January, 2002 which is not disturbed on the

original award amount of Rs.1,37,400/-. However, on the

enhanced award amount, the appellant shall be entitled to

the interest for the aforesaid period @7.5% per annum. The

cost of the appeal is assessed at Rs.11,000/-.

9. The appellants No.4 and 5 have expired during the

pendency of this appeal and their rights have devolved upon

appellants No.1 to 3 who are already on record. The

appellants No.1 to 3 are substituted in place of appellants

No.4 and 5. The shares of appellants No.1 to 3 in the award

amount shall be as under:-

             Appellant No.1        -     50%
             Appellant No.2        -     25%
             Appellant No.3        -     25%

10. The enhanced award amount along with interest

thereon be deposited by respondent No.3 with UCO Bank A/c

Roshni Devi, Delhi High Court Branch through Mr. M.M.

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

Street, New Delhi (Mobile No. 09310356400) within 30 days.

The cost of Rs.11,000/- of this appeal be deposited by

respondent No.3 by means of separate cheque in the name

of Pankaj Seth, Advocate along with the deposit of the

enhanced award amount. In view of the judgment of this

Court in Sat Prakash vs. Jagdish, FAO.No.365/1999

decided on 26th March, 2010, the legal fee of the counsel

for respondent No.3 be also deposited with UCO Bank by

means of a separate cheque in the name of Mr. Ram Ashray,

Advocate.

11. Upon the aforesaid deposit being made, the UCO Bank

is directed to release 50% of the respective shares to

appellants No.1 to 3 by transferring the same to their Saving

Bank Account.

12. The remaining 50% share amount be kept in fixed

deposit for a period of one year with cumulative interest.

13. Appellants No.1 to 3 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.

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

parties under the signatures of the Court Master.

15. 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

APRIL 08, 2010 mk