Delhi High Court
Abhishek Kalia & Ors. vs Urmila Tomar & Ors. on 4 February, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 4th February, 2010
%
+ FAO.No.323/2001
ABHISHEK KALIA & ORS. ..... Appellants
Through : Mr. Navneet Goyal and
Mr. Varun Kumar, Advs.
versus
URMILA TOMAR & ORS. ..... Respondents
Through : Mr. D.K. Sharma, Adv.
for R-3.
+ FAO.No.325/2001
ABHISHEK KALIA & ORS. ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
URMILA TOMAR & ORS. ..... Respondents
Through : Mr. D.K. Sharma, 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 compensation of Rs.5,10,120/- has
been awarded in respect of the death of Usha Kaila and
Rs.5,70,132/- has been awarded in respect of the death of
Krishan Avtar Kaila. The appellants seek enhancement of the
award amount.
2. The accident dated 19th March, 1989 resulted in the
death of Usha Kaila and her husband, Krishan Avtar Kaila.
The deceased were survived by their son and daughter who
filed two separate claim petitions before the learned
Tribunal. The learned Tribunal passed a common award in
respect of both the claim petitions. The appellants were also
injured in the same accident and they filed two separate
claim petitions for compensation of injuries but the award in
respect of compensation for their injuries is not under
challenge. The appellants are seeking enhancement of
compensation in respect of their parents.
FAO.No.323/2001 relating to the death of Usha Kaila
1. The deceased, Usha Kaila was aged 37 years at the
time of the accident and was working with New Bank of India
as an Accountant drawing a salary of Rs.4,360.10 per month.
The learned Tribunal added 50% towards future prospects
and took the income of the deceased to be Rs.6,540/- per
month, deducted 1/2 towards personal expenses and applied
the multiplier of 13 to compute the loss of dependency at
Rs.5,10,120/-. No compensation has been awarded for loss
of love and affection, loss of estate and funeral expenses.
2. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 13 to 15.
(ii) The personal expenses of the deceased be
reduced from 1/2 to 1/3rd.
(iii) The compensation be awarded for loss of love and
affection, loss of estate and funeral expenses.
3. It is well settled by the judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129 that the
appropriate multiplier at the age of 37 years is 15 and the
appropriate deduction where the deceased has left behind up
to three legal representatives is 1/3rd.
4. Following the aforesaid judgment, the multiplier is
enhanced from 13 to 15 and the personal expenses of the
deceased are reduced from 1/2 to 1/3rd. Rs.10,000/- is
awarded towards loss of love and affection, Rs.10,000/-
towards loss of estate and Rs.5,000/- towards funeral
expenses.
5. Taking the income of the deceased to be Rs.6,540/- per
month, deducting 1/3rd towards the personal expenses,
applying the multiplier of 15, adding Rs.10,000/- towards loss
of love and affection, Rs.10,000/- towards loss of estate and
Rs.5,000/- towards funeral expenses, the total compensation
is computed to be Rs.8,09,800/- [(Rs.6,540 x 2/3 x 12 x15) +
Rs.10,000 + Rs.10,000 + Rs.5,000].
6. The appeal is allowed and the award amount is
enhanced from Rs.5,10,120/- to Rs.8,09,800/-. The learned
Tribunal has awarded interest @9% per annum which is not
disturbed on the original award amount of Rs.5,10,120/-.
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 realization.
7. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Archana Kaila by means of a cheque
through Mr. M.M. Tandon, Member-Retail Team, UCO Bank
Zonal, Parliament Street, New Delhi (Mobile No.
09310356400) within 30 days.
FAO.No.325/2001 relating to the death of Krishan
Avtar Kaila
1. The deceased, Krishan Avtar Kaila was aged 40 years, 5
months and 18 days at the time of the accident and was
working as officer with Punjab & Sind Bank earning
Rs.5279.70 per month. The learned Tribunal added 50%
towards future prospects and took the income of the
deceased to be Rs.7,918.50 per month, deducted 1/2
towards personal expenses and applied the multiplier of 12
to compute the loss of dependency at Rs.5,70,132/-. No
compensation has been awarded for loss of love and
affection, loss of estate and funeral expenses.
2. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 12 to 14.
(ii) The personal expenses of the deceased be
reduced from 1/2 to 1/3rd.
(iii) The compensation be awarded for loss of love and
affection, loss of estate and funeral expenses.
3. It is well settled by the judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129 that the
appropriate multiplier at the age of 40 years is 14 and the
appropriate deduction where the deceased has left behind up
to three legal representatives is 1/3rd.
4. Following the aforesaid judgment, the multiplier is
enhanced from 12 to 14 and the personal expenses of the
deceased are reduced from 1/2 to 1/3rd. Rs.10,000/- is
awarded towards loss of love and affection, Rs.10,000/-
towards loss of estate and Rs.5,000/- towards funeral
expenses.
5. Taking the income of the deceased to be Rs.7,918.50
per month, deducting 1/3rd towards the personal expenses,
applying the multiplier of 14, adding Rs.10,000/- towards loss
of love and affection, Rs.10,000/- towards loss of estate and
Rs.5,000/- towards funeral expenses, the total compensation
is computed to be Rs.9,11,872/-.
6. The appeal is allowed and the award amount is
enhanced from Rs.5,70,132/- to Rs.9,11,872/-. The learned
Tribunal has awarded interest @9% per annum which is not
disturbed on the original award amount of Rs.5,70,132/-.
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 realization.
7. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Abhishek Kaila by means of a cheque
through Mr. M.M. Tandon, Member-Retail Team, UCO Bank
Zonal, Parliament Street, New Delhi (Mobile No.
09310356400) within 30 days.
Common Award
1. Upon the aforesaid deposit being made, UCO Bank is
directed to release 5% of the amount to appellant No.1 and
5% to appellant No.2. The remaining amount be kept in
fixed deposit in the following manner:-
(i) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of six months.
(ii) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of six months.
(iii) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of one year.
(iv) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of one year.
(v) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of one and a half
years.
(vi) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of one and a half
years.
(vii) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of two years.
(viii) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of two years.
(ix) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of two and a half
years.
(x) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of two and a half
years.
(xi) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of three years.
(xii) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of three years.
(xiii) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of three and a half
years.
(xiv) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of three and a half
years.
(xv) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of four years.
(xvi) Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of four years.
(xvii) Fixed deposit of 5% of the amount in the name of
appellant No.1 for a period of four and a half
years.
(xviii)Fixed deposit of 5% of the amount in the name of
appellant No.2 for a period of four and a half
years.
2. The remaining amount be released to the appellants in
equal shares by transferring the same to their respective
Saving Bank Accounts.
3. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the respective
Savings Account of the appellants.
4. Withdrawal from the aforesaid accounts shall be
permitted to the appellant after due verification and the
Bank shall issue photo Identity Card to the appellants to
facilitate identity.
5. No cheque book be issued to the appellants without the
permission of this Court.
6. The original Fixed Deposit Receipts 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.
7. The original Fixed Deposit Receipts shall be handed
over to the appellants on the expiry of the period of the
FDRs.
8. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
9. Half yearly statement of account be filed by the Bank in
this Court.
10. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch of UCO Bank
according to the convenience of the appellants.
11. 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.
12. Copy of the order be given dasti to counsel for both the
parties under the signature of Court Master.
13. 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
FEBRUARY 04, 2010
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