Delhi High Court
Ramwati & Ors. vs Mahabir Singh & Ors. on 18 January, 2010
Author: J.R. Midha
R-24
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.405/2000
Date of Decision: 18th January, 2010
%
RAMWATI & ORS. ..... Appellants
Through : Mr. Y.R. Sharma, Adv.
versus
MAHABIR SINGH & ORS. ..... Respondents
Through : Mr. M.K. Tiwari, Adv. for
Mr. Pankaj Seth,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 the compensation of Rs.2,00,000/-
has been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 10th December, 1996 resulted in the
death of Raja Mani. The deceased was survived his widow
and daughter who filed the claim petition before the learned
Tribunal.
3. The deceased was 57 years at the time of the accident
and was working in Indian Air Force. The learned Tribunal
took the income of the deceased as Rs.4,500/- per month,
deducted 1/3rd towards personal expenses and applied the
multiplier of 5 to compute the loss of dependency at
Rs.1,80,000/-. Rs.20,000/- has been awarded towards loss of
consortium, funeral expenses and loss of love and affection.
The total compensation awarded is Rs.2,00,000/-.
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 5 to 9.
(ii) The compensation be awarded for loss of estate.
5. The appropriate multiplier at the age of 57 years is 9
according to the judgment of Hon'ble Supreme Court in the
case of Sarla Verma Vs. Delhi Transport Corporation,
2009 (6) Scale 129. The multiplier is, therefore, enhanced
from 5 to 9.
6. The learned Tribunal has not awarded any
compensation towards loss of estate. Rs.10,000/- is awarded
for loss of estate.
7. Taking the income of the deceased to be Rs.4,500/- per
month, deducting 1/3rd towards personal expenses, applying
the multiplier of 9, adding Rs.20,000/- towards loss of
consortium, loss of love and affection and funeral expenses
and Rs.10,000/- towards loss of estate, the total
compensation is computed to be Rs.3,54,000/- [(Rs.4,500 x
2/3 x 12 x 9) + Rs.20,000 + Rs.10,000].
8. The appeal is allowed and the award amount is
enhanced from Rs.2,00,000/- to Rs.3,54,000/-.
9. The learned Tribunal has awarded interest @12% per
annum which is not disturbed on the original award amount
of Rs.2,00,000/-. 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.
10. The learned counsel for the appellant submits that
appellant No.1 has expired and her share is devolved upon
appellant No.2. Appellant No.2 is substituted in place of
appellant No.1.
11. The learned counsel for appellant No.2 submits that the
full name of appellant No.2 after her marriage is Rani Babu
Rao. The UCO Bank shall, therefore, open the account in the
name of Rani Babu Rao.
12. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Rani @ Rani Babu Rao by means of a
cheque 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 being deposited,
UCO Bank is directed to keep a sum of Rs.2,50,000/- in fixed
deposit in the following manner:-
(i) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of six months.
(ii) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of one year.
(iii) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of one and a half
years.
(iv) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of two years.
(v) Fixed deposit of Rs.50,000/- in the name of
appellant No.2 for a period of two and a half
years.
14. The remaining amount be released to appellant No.2 by
transferring the same to her Saving Bank Account.
15. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of appellant No.2.
16. Withdrawal from the aforesaid account shall be
permitted to appellant No.2 after due verification and the
Bank shall issue photo Identity Card to appellant No.2 to
facilitate identity.
17. No cheque book be issued to appellant No.1 without the
permission of this Court.
18. 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.2 along with the
photocopy of the FDRs.
19. The original Fixed Deposit Receipts shall be handed
over to appellant No.2 on the expiry of the period of the
FDRs.
20. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
21. Half yearly statement of account be filed by the Bank in
this Court.
22. On the request of appellant No.2, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of appellant No.2.
23. Appellant No.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.
24. Copy of the order be given dasti to counsel for both the
parties.
25. 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.
J.R. MIDHA, J
JANUARY 18, 2010
aj
