Delhi High Court
Balvinder Kaur & Ors vs Dtc & Anr on 13 January, 2010
Author: J.R. Midha
Regular
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.202/1996
Date of Decision: 13th January, 2010
%
BALVINDER KAUR & ORS ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
DTC & ANR ..... Respondents
Through : Mr. Ataul Haque, Adv. for R-1.
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.5,75,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 10th December, 1986 resulted in the
death of Kuldeep Singh. The deceased was survived by his
widow, daughter and son who filed the claim petition before
the learned Tribunal.
3. The deceased was aged 46 years at the time of the
accident and was working as a Wing Commander in Ministry
of Defence earning Rs.10,000/- per month. The learned
Tribunal deducted 1/3rd towards the personal expenses of the
deceased and applied the multiplier of 7 to compute the loss
of dependency at Rs.5,60,000/-. Rs.15,000/- has been
awarded for loss of consortium and loss of estate. The total
compensation awarded is Rs.5,75,000/-.
4. 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 7 to 13.
(i) The future prospects of the deceased be taken
into consideration.
(iii) Compensation be awarded for loss of love and
affection and funeral expenses.
5. The Hon'ble Supreme Court in the case of Sarla Verma
Vs. Delhi Transport Corporation, 2009 (6) Scale 129
held that the appropriate multiplier at the age of 46 years to
be 13 and 30% should be added towards the future
prospects in respect of the deceased aged between 40 to 50
years.
6. Following the aforesaid judgment of the Hon'ble
Supreme Court, the multiplier is enhanced from 7 to 13 and
30% is added towards the future prospects.
7. The income of the deceased for computation of
compensation is taken to be Rs.13,000/- per month
(Rs.10,000 + 30% of Rs.10,000).
8. Taking the income of the deceased to be Rs.13,000/-
per month, deducting 1/3rd towards the personal expenses of
the deceased and applying the multiplier of 13, the loss of
dependency is computed to be Rs.13,52,000/- (Rs.13,000 x
12 x 2/3 x 13).
9. The learned Tribunal has awarded Rs.15,000/- towards
loss of consortium and loss of estate. However, no
compensation has been awarded for loss of love and
affection and funeral expenses. Rs.10,000/- is awarded
towards loss of love and affection and Rs.5,000/- towards
funeral expenses. The total compensation is computed to be
Rs.13,82,000/- (Rs.13,52,000 + Rs.15,000 + Rs.10,000 +
Rs.5,000).
10. The appeal is allowed and the award amount is
enhanced from Rs.5,75,000/- to Rs.13,82,000/-. The learned
Tribunal has awarded interest @12% per annum which is not
disturbed on the original award amount of Rs.5,75,000/-.
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 realization.
11. The enhanced award amount along with interest be
deposited by respondent No.1 with UCO Bank, Delhi High
Court Branch A/c Balvinder Kaur 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 amount being deposited, UCO Bank
is directed to keep a sum of Rs.19,00,000/- in fixed deposit in
the following manner:-
(i) Fixed deposit of Rs.9,00,000/- in the name of
appellant No.1 for a period of three years.
(ii) Fixed deposit of Rs.5,00,000/- in the name of
appellant No.2 for a period of three years.
(iii) Fixed deposit of Rs.5,00,000/- in the name of
appellant No.3 for a period of three years.
13. The remaining amount be released to the appellants in
the following proportion:-
(i) Appellant No.1 : 50%
(ii) Appellant No.2 : 25%
(iii) Appellant No.3 : 25%
14. The interest on all the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the respective
Savings Accounts of the appellants.
15. 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.
16. No cheque book be issued to the appellants without the
permission of this Court.
17. 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.
18. The original Fixed Deposit Receipts shall be handed
over to the appellants on the expiry of the period of the
FDRs.
19. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
20. Half yearly statement of account be filed by the Bank in
this Court.
21. 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.
22. 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.
23. Copy of the order be given dasti to counsel for the
parties under the signature of the Court Master.
24. 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
JANUARY 13, 2010
mk
