Delhi High Court
Anil Khosla vs Mahesh Kumar & Ors on 19 February, 2010
Author: J.R. Midha
18
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.541/2008
Date of Decision: 19th February, 2010
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ANIL KHOSLA ..... Appellant
Through : Mr. S.N. Parashar, Adv.
versus
MAHESH KUMAR & ORS ..... Respondents
Through : Mr. Amit Kumar Pandey,
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.21,15,000/-
has been awarded to the appellant. The appellants seek
enhancement of the award amount.
2. The accident dated 16th April, 2004 resulted in the
death of Varun Khosla. The deceased was survived by his
parents who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 24 years at the time of the
accident and was working as Territory Manager with DHL
Worldwide Express (India) Pvt. Ltd. drawing a salary of
Rs.25,666/- per month.
4. The learned Tribunal took the income of the deceased
as Rs.21,166/- per month, deducted 1/2 towards the personal
expenses of the deceased and applied the multiplier of 11 to
compute the loss of dependency at Rs.20,95,434/-. The
learned Tribunal has awarded Rs.10,000/- towards funeral
expenses and Rs.10,000/- towards loss of love and affection.
The total compensation awarded is Rs.21,15,000/-.
5. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) Provident Fund of Rs.2,200/- be taken into
consideration for computation of compensation.
(ii) The compensation be awarded for loss of estate.
(iii) The rate of interest be enhanced from 7% per
annum to 7.5% per annum.
6. The deceased was working as Territory Manager with
DHL Worldwide Express (India) Pvt. Ltd. His appointment
letter was proved as Ex.PW4/B and the salary certificate was
proved as Ex.PW4/C. As per Ex.PW4/C, the salary of the
deceased at the time of the accident was Rs.25,666/- per
month out of which Rs.2,200/- was deducted towards
provident fund and Rs.2,300/- towards Income Tax. The net
monthly salary of the deceased was Rs.21,166/- which has
been taken into consideration by the learned Tribunal. The
provident fund of Rs.2,200/- also forms part of the salary and
is, therefore, taken into consideration. The income of the
deceased for computation of compensation is taken to be
Rs.23,366/- per month (Rs.21,166 + Rs.2,200). Adding 50%
towards future prospects, deducting 1/2 towards personal
expenses and applying the multiplier of 11, the loss of
dependency is computed to be Rs.23,13,234/- [(Rs.23,366 +
50% of Rs.23,366) x 1/2 x 12 x 11].
7. The learned Tribunal has not awarded any
compensation for loss of estate. Rs.10,000/- is awarded
towards loss of estate.
8. The learned Tribunal has awarded interest @7% per
annum. Following the judgment of the 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 enhanced from 7% per annum to 7.5% per annum.
9. The appellants are entitled to total compensation of
Rs.23,43,234/- (Rs.23,13,234 + Rs.10,000 + Rs.10,000 +
Rs.10,000).
10. The appeal is allowed and the award amount is
enhanced from Rs.21,15,000/- to Rs.23,43,234/- along with
interest @7.5% per annum from the date of filing of the
petition till realization.
11. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Pawan
Khosla, 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.
12. Upon the aforesaid deposit being made, the UCO Bank
is directed to release 50% of the same to the appellants by
transferring the same to their Saving Bank Account. The
remaining 50% amount be kept in fixed deposit for a period
of three years on which monthly interest be paid to the
appellants.
13. The interest on the aforesaid fixed deposit shall be paid
monthly by automatic credit of interest in the Savings
Account of the appellants.
14. Withdrawal from the aforesaid account shall be
permitted to the appellants after due verification and the
Bank shall issue photo Identity Card to the appellants to
facilitate identity.
15. No cheque book be issued to the appellants without the
permission of this Court.
16. 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 appellants along with the
photocopy of the FDR.
17. The original Fixed Deposit Receipt shall be handed over
to the appellants on the expiry of the period of the FDR.
18. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipt 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 appellants, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of the appellants.
21. 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.
22. Copy of the order be given dasti to counsel for both the
parties under signature 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
FEBRUARY 19, 2010
mk
