Delhi High Court
Rajesh Kumar & Anr. vs United India Insurance Co.Ltd. on 13 January, 2010
Author: J.R. Midha
13
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.206/2003
Date of Decision: 13th January, 2010
%
RAJESH KUMAR & ANR. ..... Appellants
Through : Mr. V.P. Choudhary, Sr. Adv.
with Mr. Nitinjya Choudhary
and Ms. Sushma, Advs.
versus
UNITED INDIA INSURANCE CO.LTD. ..... Respondent
Through : Mr. S.K. Ray, 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.1,73,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 2nd August, 1989 resulted in the
death of Sukhnandan. The deceased was survived by two
minor sons and a married daughter. The two minor sons
filed the claim petition before the learned Tribunal.
3. The deceased was aged 45 years at the time of the
accident and was a vegetable seller earning Rs.2,500/- per
month. However, in the absence of sufficient proof of
income, the learned Tribunal took the income of the
deceased as Rs.2,000/- per month, deducted 1/3rd towards
the personal expenses and applied the multiplier of 10 to
compute the loss of dependency at Rs.1,56,000/-. Rs.2,000/-
has been awarded towards funeral expenses and Rs.15,000/-
towards loss of estate. The total compensation awarded is
Rs.1,73,000/-.
4. The learned Senior Counsel for the appellants has
urged the following grounds at the time of hearing of this
appeal:-
(i) The multiplier be enhanced from 10 to 14.
(ii) The future prospects be taken into consideration.
(iii) The compensation be awarded for loss of love and
affection.
(iv) The rate of interest be enhanced.
5. The appropriate multiplier at the age of 45 years is 14
as per the judgment of Hon'ble Supreme Court in the case of
Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)
Scale 129. Following the aforesaid judgment, the multiplier
is enhanced from 10 to 14.
6. In the case of R.K. Malik vs. Kiran Pal, 2009(8)
Scale 451, the Hon'ble Supreme Court has allowed the
future prospects in the case of minor children. Following the
aforesaid judgment, 30% is added as future prospects since
the deceased was between the age of 40 to 50 years.
7. The learned Tribunal has not awarded any
compensation for loss of love and affection. Rs.10,000/- is
awarded as compensation for loss of love and affection.
8. The learned Tribunal has awarded interest @6% per
annum which is on a lower side. The appropriate rate of
interest in 1989 was 12% per annum which was reduced to
9% per annum in the year 2001 by the judgment of the
Hon'ble Supreme Court in the case of Kaushnuma Begum
vs. New India Assurance Co. Ltd., AIR 2001 SC 485 and
to 7.5% per annum in the year 2008 by 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.
9. Following the aforesaid judgments, the rate of interest
is enhanced from 6% per annum to 12% per annum from the
date of filing of the petition till 31st December, 2000, 9% per
annum from 1st January, 2001 to 31st December, 2007 and
7.5% per annum from 1st January, 2008 till realization.
10. Taking the income of the deceased to be Rs.2,000/- per
month, adding 30% towards future prospects, deducting 1/3rd
towards personal expenses and applying the multiplier of 14,
the loss of dependency is computed to be Rs.2,91,200/-.
Adding Rs.2,000/- towards funeral expenses, Rs.15,000/-
towards loss of estate and Rs.10,000/- towards loss of love
and affection, the total compensation is computed to be
Rs.3,18,200/- (Rs.2,91,200 + Rs.15,000 + Rs.2,000 +
Rs.10,000).
11. The appeal is allowed and the award amount is
enhanced from Rs.1,73,000/- to Rs.3,18,200/- along with
interest @12% per annum from the date of filing of the
petition till 31st December, 2000 @ 9% per annum from 1st
January, 2001 to 31st December, 2007 and thereafter @7.5%
per annum from 1st January, 2008 up to the date of payment.
12. The enhanced award amount along with interest be
deposited by respondent No.1 with UCO Bank, Delhi High
Court Branch A/c Rajesh Kumar through Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) within 30 days.
13. Upon the enhanced award amount along with interest
being deposited, UCO Bank is directed to keep a sum of
Rs.4,00,000/- in fixed deposit in the following manner:-
(i) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of six months.
(ii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of one year.
(iii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of one and a half
years.
(iv) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of six months.
(v) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of one year.
(vi) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of one and a half
years.
(vii) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of six months.
(viii) Fixed deposit for Rs.50,000/- in the name of
respondent No.4 for a period of one year.
14. The remaining amount be released to the appellants
and respondent No.4 in the equal proportion by transferring
the same to their respective Saving Bank Accounts.
15. Interest on all the fixed deposits shall be paid
cumulative.
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 the appellants 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. 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
aj
