Delhi High Court
Ram Pal And Ors. vs Banwari Lal & Ors. on 18 January, 2010
Author: J.R. Midha
Regular
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.535/2001
Date of Decision: 18th January, 2010
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RAM PAL AND ORS. ..... Appellants
Through : Mr. Navneet Goyal, Adv.
versus
BANWARI LAL & ORS. ..... Respondents
Through : Mr. D.K. Sharma, Adv.
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 the compensation of Rs.2,40,000/-
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 Santra Devi. The deceased was survived by her
husband, two sons and two daughters who filed the claim
petition before the learned Tribunal.
3. The deceased was aged 48 years at the time of the
accident and was carrying on a dairy business earning
Rs.3,000/- per month and was also doing household work.
The learned Tribunal took the income of the deceased as
Rs.3,000/- per month, deducted 1/3rd towards her personal
expenses and applied the multiplier of 10 to compute the
loss of dependency at Rs.2,40,000/-. No compensation has
been awarded for loss of consortium, loss of love and
affection, loss of estate and funeral expenses.
4. The learned counsel for the appellant submits that the
value of the services of the deceased be taken as Rs.3,000/-
per month and the income of the deceased for computation
of compensation be taken to be Rs.6,000/- per month
(Rs.3,000/- from dairy business + Rs.3,000/- as value of her
services). In the alternative, it is submitted that the future
prospects be taken into consideration by taking the average
of Rs.3,000/- and Rs.6,000/-. In the alternative, it is
submitted that the value of the services be taken as
Rs.3,000/- per month as a housewife in terms of the
judgment of the Hon'ble Supreme Court in the case of Lata
Wadwa vs. State of Bihar, 2001 ACJ 1725.
5. In the facts and circumstances of this case, the first two
submissions of learned counsel for the appellant are
rejected. However, this Court is inclined to treat the
deceased as a housewife and the value of the services of the
deceased according to the judgment of the Hon'ble Supreme
Court in the case of Lata Wadwa (supra) is taken as
Rs.3,000/- per month. No deduction towards personal
expenses is permissible while taking the value of the services
as per the judgment of the Hon'ble Supreme Court.
6. The learned counsel for the appellant also seeks
enhancement of the multiplier from 10 to 14. The learned
counsel also seeks compensation for loss of consortium, loss
of love and affection, loss of estate and funeral expenses.
7. The learned Tribunal has applied the multiplier of 10.
However, as per the judgment of the Hon'ble Supreme Court
in the case of Sarla Verma (supra), the appropriate
multiplier at the age of 48 years is 13. The multiplier is,
therefore, enhanced from 10 to 13. Rs.10,000/- is awarded
towards loss of consortium, Rs.10,000/- towards loss of love
and affection, Rs.10,000/- towards loss of estate and
Rs.5,000/- towards funeral expenses.
9. Taking the value of the services of the deceased to be
Rs.3,000/- per month and applying the multiplier of 13, the
loss of dependency is computed to be Rs.4,68,000/-
(Rs.3,000 x 12 x 13). Adding Rs.10,000/- towards loss of
consortium, Rs.10,000/- towards loss of love and affection,
Rs.10,000/- towards loss of estate and Rs.5,000/- towards
funeral expenses, the total compensation is computed to be
Rs.5,03,000/- (4,68,000 + Rs.10,000 + Rs.10,000 +
Rs.10,000 + Rs.5,000).
10. The appeal is allowed and the award amount is
enhanced from Rs.2,40,000/- to Rs.5,03,000/-. The learned
Tribunal has awarded interest @9% per annum which is not
disturbed on the original award amount of Rs.2,40,000/-.
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.4 with State Bank of India, Tis
Hazari Branch A/c Ram Pal by means of a cheque through Mr.
H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis
Hazari (Mb: 09717044322) within 30 days.
12. Upon the enhanced award amount being deposited,
State Bank of India is directed to keep a sum of Rs.2,50,000/-
in fixed deposit in the following manner:-
(i) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of six months.
(ii) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of one year.
(iii) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of one and a half
years.
(iv) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of two years.
(v) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of two and a half
years.
(vi) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of three years.
(vii) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of three and a half
years.
(viii) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of four years.
(ix) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of four and a half
years.
(x) Fixed deposit of Rs.25,000/- in the name of
appellant No.1 for a period of five years.
13. The remaining amount be released to the appellants in
equal proportion by transferring the same to their Saving
Bank Account.
14. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of appellant No.1.
15. Withdrawal from the aforesaid accounts shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to appellant No.1 to
facilitate identity.
16. No cheque book be issued to appellant No.1 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 appellant No.1 along with the
photocopy of the FDRs.
18. The original Fixed Deposit Receipts shall be handed
over to appellant No.1 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 appellant No.1, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of appellant No.1.
22. Appellant No.1 shall furnish all the relevant documents
for opening of the Saving Bank Account and Fixed Deposit
Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322).
23. Copy of the order be given dasti to counsel for both the
parties.
24. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322).
J.R. MIDHA, J
JANUARY 18, 2010
mk
