Umakant vs D.T.C. & Anr.
2010 Latest Caselaw 2134 Del

*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +     FAO.No.15/2001

                                 Date of Decision : 23rd April, 2010
%

      UMAKANT                                    ..... Appellant
                          Through : Mr. Sanjiv Sharma, Adv.

                 versus

      D.T.C. & ANR.                             ..... Respondents
                          Through : Mr. Abhishek Kumar, Adv.
                                    for Mr. G.S. Chaturvedi, 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.4,25,000/- has been

awarded to the appellant. The appellant seeks enhancement

of the award amount.

2. The accident dated 10th July, 1989 resulted in the death

of Dr. S.B. Chikkodimath. The deceased was survived by his

widow, one minor son and mother who filed the claim

petition before the Claims Tribunal.

3. The deceased was aged 43 years and 6 months at the

time of the accident. The deceased was M.Sc. and Ph.D in

Mathematics. The deceased worked as Director of Research

Institute of Mathematical Sciences and Technology, Hubly,

Karnataka from 1976 to 1985 at a salary of Rs.3,200/- per

month. Thereafter, the deceased worked as Senior Assistant

Professor in Mathematics in Ethiopian Air Force Academy at a

salary of 1635 Birr (equivalent of approximately Rs.10,000/-

per month). The contract of the deceased with the Ethiopian

Government is Ex.P-5 according to which the deceased was

entitled to free housing, water, electricity and petrol. The

deceased worked with the Ethiopian Government for about

two years and thereafter returned back to India in 1987 and

he started guiding Ph.D. students earning Rs.4,500/- to

Rs.5,000/- per month. The deceased wanted to work with

the NCERT or Delhi University as a Reader/Professor in Maths

and was in the process of applying for the said position. As

an interim measure, the deceased joined Apeejay School,

Faridabad as a stop gap arrangement at a salary of

Rs.2,389/- per month in July, 1989. The deceased met with

an accident 7 days after joining Apeejay School.

4. The Claims Tribunal took the income of the deceased as

Rs.5,000/- per month, deducted 1/3rd towards his personal

expenses and applied the multiplier of 10 to compute the

loss of dependency at Rs.4,08,000/-. Rs.17,000/- has been

awarded towards loss of love and affection and loss of

consortium. The total compensation awarded is

Rs.4,25,000/-.

5. The learned counsel for the appellant has urged

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

(i) The income of the deceased be taken as

Rs.6,000/- per month.

(ii) 50% be added towards the future prospects.

(iii) The multiplier be enhanced from 10 to 14.

(iv) The compensation towards loss of love and

affection and loss of consortium be enhanced.

(v) The compensation be awarded towards funeral

expenses and loss of estate.

6. The Claims Tribunal has taken the income of the

deceased on the basis of salary drawn by the deceased from

Apeejay School, Faridabad at the time of the accident.

Considering the qualifications of the deceased, namely, M.Sc.

and Ph.D. in Mathematics and the positions held by him,

namely, Director of Research Institute of Mathematical

Sciences and Technology, Hubly, and Senior Assistant

Professor with Ethiopian Government, the salary drawn by

him from Research Institute of Mathematical Sciences and

Technology, the Claims Tribunal ought to have taken the

average of the salaries drawn by him to ascertain the

earning capacity of the appellant. Admittedly, the deceased

was well qualified for being employed as a Reader or

Professor with a University and would have gainfully

employed at a better salary than what he was drawing in

Apeejay School, Faridabad at the time of his death as a stop

gap arrangement. Taking the average of the salary of

Rs.3,200/- drawn by the deceased as Director of Research

Institute of Mathematical Sciences, Rs.10,000/- drawn by the

deceased as Assistant Professor from the Ethiopian

Government and Rs.2,389/- drawn by the deceased from

Apeejay School, Faridabad, the average income of the

deceased is computed to be Rs.5,196/- per month [(Rs.3,200

+ Rs.10,000 + Rs.2,389)/3].

8. The learned counsel for the appellant submits that 50%

be added towards the future prospects. According to the

judgment of the Hon'ble Supreme Court in the case of Sarla

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

129, the future prospects of 30% are awarded in respect of

the deceased between the age of 40-50 years where the

deceased was having permanent employment. The

employment of the deceased at the time of the accident was

not permanent. The learned counsel for the appellant

submits that the Hon'ble Supreme Court has permitted the

future prospects to be taken into consideration in exceptional

cases and the present case clearly falls under the exception

considering the qualifications and the posts held by the

deceased. The learned counsel for the appellant also refers

to and relies upon the judgment of the Hon'ble Supreme

Court in the case of R.K. Malik vs. Kiran Pal, 2009(8)

Scale 451, where the Hon'ble Supreme Court has granted

future prospects in the case of minor school going children.

The learned counsel for the appellant submits that the

deceased was in a better position than the minor school

going children. Following the aforesaid judgments of the

Hon'ble Supreme Court, the 30% is added towards the future

prospects of the deceased and the income of the deceased

for computation of compensation is taken to be Rs.6,754.8

(Rs.5196 + 30%).

9. The Claims Tribunal has applied the multiplier of 10.

However, the appropriate multiplier at the age of 43 years

according to the judgment of the Hon'ble Supreme Court in

the case of Sarla Verma (Supra) is 14. Following the

judgment of the Hon'ble Supreme Court, the multiplier is

enhanced from 10 to 14. The Claims Tribunal has awarded

Rs.17,000/- towards loss of love and affection and loss of

consortium which is just, fair and reasonable and does not

call for any interference. However, Rs.10,000/- is awarded

towards loss of estate and Rs.5,000/- towards funeral

expenses.

10. The appellant is entitled to total compensation of

Rs.7,88,538/- (Rs.7,56,538/- towards loss of dependency,

Rs.17,000/- towards loss of love and affection and loss of

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

Rs.5,000/- towards funeral expenses.

11. The appeal is allowed and the award amount is

enhanced from Rs.4,25,000/- to Rs.7,88,538/-. The Claims

Tribunal has awarded interest @ 12% per annum which is not

disturbed on the original award amount of Rs.4,25,000/-.

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 date of deposit under Order XXI Rule 1 of the

Code of Civil Procedure

12. The enhanced award amount along with interest be

deposited by respondent No.1 with UCO Bank A/c Umakant,

Delhi High Court Branch within 30 days.

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

is directed to transfer 10% of the same to the Saving Bank

Account of the appellant. The remaining amount be kept in

fixed deposit in the name of the appellant in the following

manner:-

(i) Fixed deposit in respect of 10% of the award

amount for a period of six months.

(ii) Fixed deposit in respect of 10% of the award

amount for a period of one year.

(iii) Fixed deposit in respect of 10% of the award

amount for a period of one and a half years.

(iv) Fixed deposit in respect of 10% of the award

amount for a period of two years.

(v) Fixed deposit in respect of 10% of the award

amount for a period of two and a half years.

(vi) Fixed deposit in respect of 10% of the award

amount for a period of three years.

(vii) Fixed deposit in respect of 10% of the award

amount for a period of three and a half years.

(viii) Fixed deposit in respect of 10% of the award

amount for a period of four years.

(ix) Fixed deposit in respect of 10% of the award

amount for a period of four and a half years.

14. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the Savings

Account of the appellant.

15. 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.

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

permission of this Court.

17. The Bank shall issue Fixed Deposit Pass Book instead of

the FDRs to the appellant and the maturity amount of the

FDRs be automatically credited to the Saving Bank Account

of the beneficiary at the end of the FDR.

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

said fixed deposit receipts 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 appellant, the Bank shall transfer

the Savings Account to any other branch according to the

convenience of the appellant.

21. The appellant 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 APRIL 23, 2010 mk