Delhi High Court
Ajay Kumar Sharma & Anr vs Gurbux Singh & Ors on 13 January, 2010
Author: J.R. Midha
Regular
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.213/1996
Date of Decision: 13th January, 2010
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AJAY KUMAR SHARMA & ANR ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
GURBUX SINGH & 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.4,51,200/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 30th March, 1993 resulted in the
death of Poonam Sharma. The deceased was survived by
her husband and son who filed the claim petition before the
learned Tribunal.
3. The deceased was aged about 28 years at the time of
the accident and was working as Assistant Data Entry
Operator earning Rs.3,355/- per month. The learned Tribunal
deducted 30% towards the personal expenses of the
deceased and applied the multiplier of 16 to compute the
loss of dependency at Rs.4,51,200/-. No compensation has
been awarded towards loss of love and affection, loss of
consortium, loss of estate and funeral expenses.
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 16 to 17.
(ii) The future prospects of the deceased be taken
into consideration.
(iii) The compensation be awarded for loss of love and
affection, loss of estate, loss of consortium and
funeral expenses.
5. According to the recent judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129, the
appropriate multiplier at the age of 28 years is 17 and 50%
has to be added towards the future prospects as the
deceased had a permanent job and was aged less than 40
years.
6. Following the aforesaid judgment, the multiplier is
enhanced from 16 to 17 and 50% is added towards the
future prospects of the deceased.
7. The income of the deceased for computation of
compensation is taken to be Rs.5,032.50 per month
(Rs.3,355 + 50% of Rs.3,355). Deducting 30% towards
personal expenses and applying the multiplier of 17, the loss
of dependency is computed to be Rs.7,18,641/-.
8. The learned Tribunal has not awarded any
compensation towards loss of love and affection, loss of
estate, loss of consortium and funeral expenses. Rs.10,000/-
is awarded towards loss of love and affection, Rs.10,000/-
towards loss of estate, Rs.10,000/- towards loss of
consortium and Rs.5,000/- towards funeral expenses. The
total compensation is computed to be Rs.7,53,641/-
(Rs.7,18,641 + Rs.10,000 + Rs.10,000 + Rs.10,000 +
Rs.5,000).
9. The appeal is allowed and the award amount is
enhanced from Rs.4,51,200/- to Rs.7,53,641/-. The learned
Tribunal has awarded interest @12% per annum which is not
disturbed on the original award amount of Rs.4,51,200/-.
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.
10. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Ajay Kumar Sharma through Mr. M.M.
Tandon, Member-Retail Team, UCO Bank Zonal, Parliament
Street, New Delhi (Mobile No. 09310356400) within 30 days.
11. Upon the aforesaid amount being deposited, UCO Bank
is directed to keep a sum of Rs.6,00,000/- in fixed deposit in
the following manner:-
(i) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of six months.
(ii) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of one year.
(iii) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of one and a half
years.
(iv) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of two years.
(v) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of two and a half
years.
(vi) Fixed deposit of Rs.50,000/- in the name of
appellant No.1 for a period of three years.
(vii) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of three and a half
years.
(viii) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of four years.
(ix) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of four and a half
years.
(x) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of five years.
(xi) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of five and a half
years.
(xii) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of six years.
12. The remaining amount be released equally to
appellants No.1 and 2 by transferring the said amount to
their respective Saving Bank Account.
13. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of appellants No.1 and 2.
14. Withdrawal from the aforesaid accounts shall be
permitted to appellants No.1 and 2 after due verification and
the Bank shall issue photo Identity Card to appellants No.1
and 2 to facilitate identity.
15. No cheque book be issued to appellants No.1 and 2
without the permission of this Court.
16. The original Fixed Deposit Receipts shall be retained by
the Bank in the safe custody. However, the original Pass
Book shall be given to appellants No.1 and 2 along with the
photocopy of the FDRs.
17. The original Fixed Deposit Receipts shall be handed
over to the appellants on the expiry of the period of the
FDRs.
18. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts 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 appellants No.1 and 2, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of appellants No.1 and 2.
21. Appellants No.1 and 2 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 the signatures 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
JANUARY 13, 2010
mk
