Delhi High Court
Gayatari Devi vs Tersam Singh & Ors. on 3 February, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.N0.354/2009
Date of Decision:3rd February, 2010
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GAYATARI DEVI ..... Appellant
Through Mr. K.P. Toms, Advocate.
versus
TERSAM SINGH & ORS. ..... Respondents
Through Mr. D.K. Sharma, Advocate.
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 compensation of Rs.6,57,905/-
has been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 13th May, 2005 resulted in the
death of Mahender Kant Sharma. The deceased was
survived by his widow, two minor daughters, one minor son
and parents, who filed the claim petition before the learned
Tribunal.
3. The deceased was aged about 36 years at the time of
the accident and was working with Omega Construction
Equipment as service engineer at a salary of Rs.11,000/- per
month. The learned Tribunal disregarded the salary of the
deceased and took the minimum wages of Rs.3,804.90,
deducted 1/4th towards the personal expenses of the
deceased and applied the multiplier of 16 to compute the
loss of dependency at Rs. 5,47,905/-. The learned Tribunal
has awarded Rs.50,000/- towards loss of consortium,
Rs.10,000/- towards funeral expenses and Rs.50,000/-
towards love and affection. The learned Tribunal has
awarded total compensation of Rs.6,57,905/- to the
appellants.
4. The learned counsel for the appellants have urged the
following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be
Rs.11,000/- per month.
(ii) The future prospects of the deceased to be taken
into consideration.
(iii) The compensation be awarded for loss of estate.
5. Respondent No.3 has filed cross-objections seeking
reduction of the award amount on the following grounds:-
(i) The rate of interest be reduced from 9% per
annum to 7.5% per annum.
(ii) The loss of consortium be reduced from 50,000/-
to 10,000/-.
6. The deceased was a qualified service engineer. The
widow of the deceased came in the witness box as PW-1 and
produced High School Certificate and the Engineering
Certificate of the deceased. PW-1 also proved the certificate
of the employer as Ex.PW-1/L in which it was certified that
the deceased was working as service engineer with Omega
Construction Equipment at a monthly salary of Rs.11,000/-
per month. The Manager (Commercial) of Omega
Construction Equipment appeared in the witness box as
PW-2 and deposed that the deceased was holding a Diploma
in Engineering and was working with Omega Construction
Equipment as Service Engineer and was drawing a salary of
Rs.11,000/- per month. PW-2 proved the attendance-cum-
wages register for the month of April and May, 2005 as
Ex.PW-2/A. The deceased had joined Omega Construction
Equipment on 15th April, 2005 and was paid salary of
Rs.4,213/- for 16 days of April, 2005. The deceased worked
for 13 days in May, 2005 and was paid a salary of Rs.4,261/-
The occupation and income of the deceased was duly proved
by PW-1, PW-2, Ex.PW-1/L and Ex.PW-2/A. However, the
learned Tribunal disregarded the aforesaid evidence on the
ground that the salary was shown as Rs.8,500/- per month
but for the month of April, he was paid Rs.4,216/- only and no
appointment letter was produced. The learned Tribunal took
the minimum wages of Rs.3,804.90 to compute the loss of
dependency. The finding of learned Tribunal is not based on
evidence on record. Considering that the deceased was a
qualified service engineer and the documentary evidence of
his occupation was duly proved, the finding of learned
Tribunal with respect to the income of the deceased is set-
aside. The income of the deceased is taken to be Rs.11,000/-
per month. The deceased at a permanent job and therefore
50% of future prospects are taken into consideration
following the judgment of the Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
2009 (6) Scale 129. The income of the deceased for
computation of compensation is taken to be Rs.16,500/-
(11,000 + 50%) and 1/4th is deducted towards personal
expenses. The learned Tribunal has applied the multiplier of
16. However, the appropriate multiplier at the age of 36
according to the judgment of the Hon'ble Supreme Court in
the case of Sarla Verma Vs. Delhi Transport
Corporation (supra) is 15. The multiplier is therefore
reduced from 16 to 15.
7. The learned Tribunal has awarded Rs.50,000/- towards
loss of consortium which is of a higher side. Following the
judgment in case of Sarla Verma Vs. Delhi Transport
Corporation (supra), loss of consortium is reduced from
50,000/- to 10,000/-, loss of love and affection is reduced
from 50,000/- to 10,000/- and Rs.10,000/- is awarded
towards loss of estate. The total compensation computed to
be Rs.22,67,500/- [(16,500 x 3/4 x 12 x 15) + 10000 +
10000 + 10000 + 10000].
8. The appeal is allowed and the award amount is
enhanced from Rs.6,57,905/- to Rs. 22,67,500/-. The learned
Tribunal has awarded interest @ 9% per annum. However
following the judgment of 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
reduced to 7.5% per annum.
9. The enhanced award amount along with interest be
deposited by respondent No. 3 with State Bank of India A/c
Gayatri Devi, Tis Hazari Branch by means of a cheque
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 60 days.
10. The appellant has deposited a sum of Rs.8,20,528/-
with UCO Bank, Delhi High Court Branch in terms of interim
order dated 26th October, 2005 passed in
MAC.APP.No.520/2009. The learned counsel for the
appellants submits that they have already received the
amount awarded by the learned Tribunal in execution
proceedings and the amount deposited by respondent No.3
in MAC.APP.No.520/2009 be adjusted against the enhanced
award amount. UCO bank is directed to transfer/remit the
amount deposited by National Insurance Company Limited in
MAC.APP.No.520/2009 to State Bank of India A/c Gyatri Devi
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322) within one week.
11. Upon the receipt of the aforesaid amount, the State
Bank of India is directed to keep a sum of Rs.7,50,000/- in
fixed deposit in the following manner:-
(i) Fixed deposit for Rs.50,000/- in the name of
respondent No.7 for a period of six months.
(ii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of one year.
(iii) Fixed deposit for Rs.50,000/- in the name of
respondent No.8 for a period of one and a half
years.
(iv) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of two years.
(v) Fixed deposit for Rs.50,000/- in the name of
respondent No.7 for a period of two and a half
years.
(vi) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of three years.
(vii) Fixed deposit for Rs.50,000/- in the name of
respondent No.8 for a period of three and a half
years.
(viii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of four years.
(ix) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of four and a half
years.
(x) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.4 till she attains the age of 20
years.
(xi) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.5 till she attains the age of 20
years.
(xii) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.6 till he attains the age of 20
years.
12. The remaining amount be released to appellants No.1,
5 & 6 in equal proportions by transferring the same to their
Savings Bank Account.
13. The interest on the aforesaid fixed deposits of
respondents No.1, 4, 5 and 6 shall be paid monthly by
automatic credit of interest in the Savings Account of
respondent No.1. The interest on the fixed deposits of
respondents No.7 and 8 shall be paid monthly by automatic
credit of interest in the Savings Account of respondent No.7.
14. Withdrawal from the aforesaid account shall be
permitted to respondents No.1 and 7 after due verification
and the Bank shall issue photo Identity Card to respondents
No.1 and 7 to facilitate identity.
15. No cheque book be issued to respondents No.1 and 7
without the permission of this Court.
16. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to the appellants and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account
of the beneficiary at the end of the FDR.
17. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
18. Half yearly statement of account be filed by the Bank in
this Court.
19. On the request of the respondents, the Bank shall
transfer the Savings Account to any other branch of State
Bank of India according to the convenience of the
respondents.
20. The respondents shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322).
21. List the appeal on 19th April, 2010.
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. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) as well as 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
FEBRUARY 03, 2010/HL
