Delhi High Court
Partap Singh & Ors. vs Banwari Lal & Ors. on 13 January, 2010
Author: J.R. Midha
Regular
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.525/2001
Date of Decision: 13th January, 2010
%
PARTAP SINGH & ORS. ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
BANWARI LAL & ORS. ..... Respondents
Through : Mr. D.K. Sharma, Adv.
for R-4.
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.1,50,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 9th February, 1997 resulted in the
death of Smt. Suresh. The deceased was survived by her
husband, three daughters and two sons who filed the claim
petition before the learned Tribunal.
3. The deceased was aged about 38 years at the time of
the accident and was a house wife. The learned Tribunal has
awarded lump-sum amount of Rs.1,50,000/- to the
appellants.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The value of the services of the deceased be
taken at the rate of Rs.3,000/- per month.
(ii) The multiplier of 15 be applied to compute the
loss of dependency.
(iii) The compensation be awarded for loss of love and
affection, loss of estate, loss of consortium and
funeral expenses.
5. Following the judgment of the Hon'ble Supreme Court
in the case of Lata Wadwa Vs State of Bihar, 2001 ACJ
1725, the value of services of the deceased is taken to be
Rs.3,000/- per month.
6. The deceased was aged 38 years at the time of the
accident. Following the judgment of the Hon'ble Supreme
Court in the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129, the multiplier of 15 is
applied to compute the loss of dependency at Rs.5,40,000/-
(Rs.3,000 x 12 x 15).
7. The learned Tribunal has not awarded any
compensation for loss of love and affection, loss of estate,
loss of consortium and funeral expenses. Rs.10,000/- is
awarded for loss of love and affection, Rs.10,000/- for loss of
estate, Rs.10,000/- for loss of consortium and Rs.5,000/- for
funeral expenses. The total compensation computed to be
Rs.5,75,000/- (Rs.5,40,000 + Rs.10,000 + Rs.10,000+
Rs.10,000 + Rs.5,000).
8. The appeal is allowed and the award amount is
enhanced from Rs.1,50,000/- to Rs.5,75,000/-. The learned
Tribunal has awarded interest @ 9% per annum which is not
disturbed on the original award amount of Rs.1,50,000/-.
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. The share of appellant Nos.2 to 6
in the award amount shall be equal.
9. The enhanced award amount along with interest be
deposited by respondent No.4 with UCO Bank, Delhi High
Court Branch A/c Pratap Singh though Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) within 30 days.
10. Upon the aforesaid deposit being made, the UCO Bank
is directed to keep a sum of Rs.7,00,000/- in fixed deposit as
per the details given hereunder:-
(i) Fixed deposit of Rs.35,000/- in the name of
appellant No.2 for a period of six months.
(ii) Fixed deposit of Rs.35,000/- in the name of
appellant No.2 for a period of one year.
(iii) Fixed deposit of Rs.35,000/- in the name of
appellant No.2 for a period of 1-½ years.
(iv) Fixed deposit of Rs.35,000/- in the name of
appellant No.2 for a period of two years.
(v) Fixed deposit of Rs.35,000/- in the name of
appellant No.3 for a period of six months.
(vi) Fixed deposit of Rs.35,000/- in the name of
appellant No.3 for a period of one year.
(vii) Fixed deposit of Rs.35,000/- in the name of
appellant No.3 for a period of one and a half
years.
(viii) Fixed deposit of Rs.35,000/- in the name of
appellant No.3 for a period of two years.
(ix) Fixed deposit of Rs.35,000/- in the name of
appellant No.4 for a period of six months.
(x) Fixed deposit of Rs.35,000/- in the name of
appellant No.4 for a period of one year.
(xi) Fixed deposit of Rs.35,000/- in the name of
appellant No.4 for a period of one and a half
years.
(xii) Fixed deposit of Rs.35,000/- in the name of
appellant No.4 for a period of two years.
(xiii) Fixed deposit of Rs.35,000/- in the name of
appellant No.5 for a period of six months.
(xiv) Fixed deposit of Rs.35,000/- in the name of
appellant No.5 for a period of one year.
(xv) Fixed deposit of Rs.35,000/- in the name of
appellant No.5 for a period of one and a half
years.
(xiv) Fixed deposit of Rs.35,000/- in the name of
appellant No.5 for a period of two years.
(xvii) Fixed deposit of Rs.35,000/- in the name of
appellant No.6 for a period of six months.
(xviii)Fixed deposit of Rs.35,000/- in the name of
appellant No.6 for a period of one year.
(xix) Fixed deposit of Rs.35,000/- in the name of
appellant No.6 for a period of one and a half
years.
(xx) Fixed deposit of Rs.35,000/- in the name of
appellant No.6 for a period of two years.
11. The remaining share of the appellants be released to
them by transferring the said amount to their respective
Saving Bank Accounts.
12. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the respective
Savings Account of the appellants.
13. Withdrawal from the aforesaid accounts shall be
permitted to the appellants after due verification and the
Bank shall issue photo Identity Card to the appellants to
facilitate identity.
14. No cheque book be issued to the appellants without the
permission of this Court.
15. 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.
16. The original fixed deposit receipts shall be handed over
to the appellants on the expiry of the period of the FDRs by
transferring the said amount to their Saving Bank Accounts.
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 appellants, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to their convenience.
20. 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.
21. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
22. 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
