Naseem Begum & Ors. vs D.T.C. & Ors
2010 Latest Caselaw 325 Del

23
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                     +     FAO No.584/2001

                              Date of Decision: 21st January, 2010
%

      NASEEM BEGUM & ORS.        ..... Appellants
                  Through : Mr. Santosh Chaurihaa, Adv.

                  versus

      D.T.C. & ORS                  ..... Respondents
                         Through : Mr. J.N. Aggarwal, 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 compensation of Rs.93,600/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 27th April, 1988 resulted in the

death of Rafiq Ahmad. The deceased was survived by his

widow and four minor children who filed the claim petition

before the learned Tribunal.

3. The deceased was aged 38 years at the time of the

accident and was working as Junior Instructor in Delhi

Administration earning Rs.1820/- per month. The learned

Tribunal deducted 1/3rd towards the personal expenses of the

deceased and applied the multiplier of 13 to compute the

loss of dependency at Rs.1,87,200/-. No compensation has

been awarded for loss of love and affection, loss of estate,

loss of consortium and funeral expenses. The learned

Tribunal deducted 50% of the aforesaid amount towards the

contributory negligence of the deceased and awarded

Rs.93,600/- to the appellant.

4. The learned counsel for the appellants has urged the

following grounds at the time of hearing of this appeal:-

(i) The future prospects of the deceased be taken

into consideration.

(ii) The multiplier be enhanced from 13 to 15.

(iii) The personal expenses of the deceased be

reduced from 1/3rd to 1/4th.

(iv) The compensation be awarded for loss of love and

affection, loss of estate, loss of consortium and

funeral expenses.

(v) The deduction towards the contributory

negligence be set aside.

5. It is well settled by the recent judgment of the Hon'ble

Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation, 2009 (6) Scale 129 that the

appropriate multiplier at the age of 38 years is 15,

appropriate deduction where the deceased has left behind

five legal representatives is 1/4th and the future prospects in

respect of the deceased aged less than 40 years are 50% of

the salary of the deceased.

6. Following the aforesaid judgment of the Hon'ble

Supreme Court, 50% of the salary of the deceased is added

towards the future prospects, 1/4th is deducted towards the

personal expenses and the multiplier is enhanced from 13 to

15. 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 is computed to be Rs.4,03,550/- {[(Rs.1,820 +

50% of Rs.1,820) x 3/4 x 12 x 15] + Rs.10,000 + Rs.10,000 +

Rs.10,000 + Rs.5,000}.

7. The learned Tribunal has deducted 50% of the

aforesaid amount towards the contributory negligence of the

deceased. The DTC bus was standing on the red light and

the deceased was getting down from the bus. In the

meantime, the light turned green and the bus moved and the

deceased fell down from the bus resulting in fatal injuries.

The deceased was held to be negligent for getting down from

the bus on the red light. However, the contribution of the

deceased in the negligence is reduced to 25% as the driver

of the bus could have avoided the accident by being careful.

The driver of the bus could see any person getting into or

getting down from the bus from the mirror.

8. In the facts and circumstances of this case, the

negligence of the deceased is taken to be 25% and 25%

amount is liable to be deducted from the aforesaid

compensation.

9. The appellant is entitled to total compensation of

Rs.3,02,662/- (Rs.4,03,550 - 25% of Rs.4,03,550)

10. The appeal is allowed and the award amount is

enhanced from Rs.93,600/- to Rs.3,02,662/-. The learned

Tribunal has awarded interest @ 10% per annum which is not

disturbed on the original award amount of Rs.93,600/-.

However, on the enhanced award amount, the rate of

interest shall be @7% 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.1 with UCO Bank, Delhi High

Court Branch A/c Naseem Begum through Mr. M.M. Tandon,

Member-Retail Team, UCO Bank Zonal, Parliament Street,

New Delhi (Mobile No. 09310356400) within 45 days.

11. Upon the aforesaid deposit being made, the 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 one year.

(ii) Fixed deposit for Rs.50,000/- in the name of

appellant No.1 for a period of two years.

(iii) Fixed deposit for Rs.50,000/- in the name of

appellant No.1 for a period of three years.

(iv) Fixed deposit for Rs.50,000/- in the name of

appellant No.1 for a period of four years.

(v) Fixed deposit for Rs.50,000/- in the name of

appellant No.2 for a period of six months.

(vi) Fixed deposit for Rs.50,000/- in the name of

appellant No.3 for a period of six months.

(vii) Fixed deposit for Rs.50,000/- in the name of

appellant No.4 for a period of six months.

(viii) Fixed deposit for Rs.50,000/- in the name of

appellant No.5 for a period of six months.

12. The remaining amount be released to the appellants in

equal proportion by transferring the same to their respective

Saving Bank Accounts.

13. The interest on the fixed deposits of appellant No.1

shall be paid monthly by automatic credit of interest in the

Savings Account of appellant No.1. However, the interest on

the fixed deposits of appellants No.2 to 5 shall be

cumulative.

14. Withdrawal from the aforesaid account of appellant

No.1 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.

15. No cheque book be issued to appellant No.1 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 the appellants along with the

photocopy of the FDRs.

17. The original fixed deposit receipt shall be handed over

to the appellants at the end of the fixed deposit period.

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 the appellants, the Bank shall

transfer the Savings Account to any other branch of UCO

Bank according to the convenience of the appellants.

21. 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.

22. List for reporting compliance on 16th March, 2010.

23. Copy of the order be given dasti to counsel for both the

parties under the signature of the Court Master.

24. 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 21, 2010/mk