Delhi High Court
Anita Devi & Ors. vs Shamsher Singh & Ors. on 27 January, 2010
Author: J.R. Midha
Regular
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.281/2002
Date of Decision: 27th January, 2010
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ANITA DEVI & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
SHAMSHER SINGH & ORS. ..... Respondents
Through : Mr. Yashpal Rangi and
Mr. Manjit Singh, Advs. for
R-2 and 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.7,70,280/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 31st December, 1997 resulted in the
death of Satyender Singh. The deceased was survived by his
widow, son and parents who filed the claim petition before
the learned Tribunal.
3. The deceased was aged 31 years at the time of the
accident and was working as a Stenographer with Delhi
Administration earning Rs.6,878/- per month. The learned
Tribunal took the income of the deceased to be Rs.6,878/-
per month, deducted 1/3rd towards the personal expenses
and applied the multiplier of 14 to compute the loss of
dependency at Rs.7,70,280/-. 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 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 personal expenses of the deceased be
reduced from 1/3rd to 1/4th.
(iii) The multiplier be enhanced from 14 to 16.
(iv) The compensation be awarded for loss of love and
affection, loss of estate and loss of consortium
and funeral expenses.
5. Following the judgment of the Hon‟ble Supreme Court
in the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129, 50% is added towards
future prospects of the deceased, the personal expenses of
the deceased are reduced from 1/3rd to 1/4th and the
multiplier is enhanced from 14 to 16. 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. The appellants are
entitled to the total compensation of Rs.15,20,648/-
{[(Rs.6,878 + 50% of Rs.6,878) x 3/4 x 12 x 16] + Rs.10,000
+ Rs.10,000 + Rs.10,000 + Rs.5,000}.
6. The learned counsel for respondents No.2 and 3 submit
that the appellants have claimed Rs.10,00,000/- and,
therefore, the increase in the award amount should be
restricted to Rs.10,00,000/-. It is well settled by the
judgment of the Hon‟ble Supreme Court in the case of
Nagappa vs. Gurudayal Singh, AIR 2003 SC 674 that the
claimants are entitled to just compensation and the amount
awarded can exceed the amount claimed. It was held as
under:-
"21. For the reasons discussed above, in
our view, under the M.V. Act, there is no
restriction that Tribunal/court cannot award
compensation amount exceeding the claimed
amount. The function of the Tribunal/court is to
award „just‟ compensation which is reasonable
on the basis of evidence produced on record."
7. The appeal is allowed and the award amount is
enhanced from Rs.7,70,280/- to Rs.15,20,648/-. The learned
Tribunal has awarded interest @ 9% per annum which is not
disturbed on the original award amount of Rs.7,70,280/-.
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.
8. The enhanced award amount along with interest be
deposited by respondent Nos.2 and 3 with UCO Bank, Delhi
High Court Branch A/c Anita by means of a cheque through
Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400)
within 45 days.
9. Upon the enhanced award amount being deposited, the
UCO Bank shall keep a sum of Rs.12,00,000/- in fixed deposit
in the following manner:-
(i) Fixed deposit for Rs.50,000/- in the name of
appellant No.3 for a period of six months.
(ii) Fixed deposit for Rs.50,000/- in the name of
appellant No.3 for a period of one year.
(iii) Fixed deposit for Rs.50,000/- in the name of
appellant No.3 for a period of one and a half
years.
(iv) Fixed deposit for Rs.50,000/- in the name of
appellant No.4 for a period of two years.
(v) Fixed deposit for Rs.50,000/- in the name of
appellant No.4 for a period of two and a half
years.
(vi) Fixed deposit for Rs.50,000/- in the name of
appellant No.4 for a period of three years.
(vii) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of six months.
(viii) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of one year.
(ix) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of one and a half
years.
(x) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of two years.
(xi) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of two and a half
years.
(xii) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of three years.
(xiii) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of three and a half
years.
(xiv) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of four years.
(xv) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of four and a half
years.
(xvi) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of five years.
(xvii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of five and a half
years.
(xviii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of six years.
(xix) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of six and a half years.
(xx) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of seven years.
(xxi) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of seven and a half
years.
(xxii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of eight years.
(xxiii) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of eight and a half
years.
(xxiv) Fixed deposit for Rs.50,000/- in the name of
appellant No.1 for a period of nine years.
10. The remaining amount be released to the appellants in
equal shares by transferring the said amount to their Saving
Bank Account.
11. The interest on the fixed deposits of appellants No.1
and 2 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.3 and 4 shall be
cumulative.
12. Withdrawal from the aforesaid accounts of appellants
No.1 and 2 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.
13. No cheque book be issued to appellants No.1 and 2
without the permission of this Court.
14. 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.
15. The original fixed deposit receipt shall be handed over
to the appellants at the end of the fixed deposit period.
16. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
17. Half yearly statement of account be filed by the Bank in
this Court.
18. 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.
19. 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.
20. Copy of the order be given dasti to counsel for both the
parties under the signature of the Court Master.
21. 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 27, 2010
aj
