Delhi High Court
Nannu Mal Jain vs Ishwar Singh on 29 January, 2010
Author: J.R. Midha
28
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.232/1996
Date of Decision: 29th January, 2010
%
NANNU MAL JAIN ..... Appellant
Through : Mr. Ashok Bhalla, Adv.
versus
ISHWAR SINGH ..... Respondent
Through : Mr. Ram Ashray, 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 compensation of Rs.3,00,000/- has
been awarded to them. The appellants seek enhancement of
the award amount.
2. The accident dated 31st May, 1988 resulted in the death
of Manju Jain. The deceased was survived by her husband,
three daughters and one son who filed the claim petition
before the learned Tribunal.
3. The deceased was aged 35 years at the time of the
accident and was working as part time Director with Niti Chit
Fund. The deceased was also 50% partner in the business of
Bharat Chit Fund Co. The appellants claimed the salary of
the deceased to be Rs.33,600/- per annum and business
income to be Rs.27,820/- per annum. The learned Tribunal
accepted the business income of the deceased to be
Rs.27,820/- per annum. However, the salary of the deceased
was taken to be Rs.12,000/- per annum on the ground that
the salary of the deceased in the years 1985-86, 1986-87
and 1987-88 had been consistently Rs.12,000/- per annum.
In the Income Tax Return for the year 1988-89 filed after the
death of the deceased, the income was shown as Rs.33,600/-
which according to the learned Tribunal was inflated to claim
the higher compensation. The learned Tribunal, therefore,
took the salary income of the deceased to be Rs.12,000/- per
annum. Rs.27,820/- per annum was taken as business
income and total annual income was taken to be Rs.39,820/-
(Rs.12,000 + Rs.27,820)
4. The learned Tribunal deducted 50% of the income of
the deceased towards her personal expenses and applied the
multiplier of 15 to compute the loss of dependency at
Rs.3,00,000/-. No compensation has been awarded for loss
of consortium, loss of love and affection, loss of estate and
funeral expenses.
5. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The salary income of the deceased be enhanced
from Rs.12,000/- per annum to Rs.33,600/- per
annum.
(ii) The future prospects of the deceased be taken
into consideration.
(iii) The personal expenses of the deceased be
reduced to 1/4th.
(iv) The multiplier be enhanced from 15 to 16.
(v) The compensation be awarded for loss of
consortium, loss of love and affection, loss of
estate and funeral expenses.
6. With respect to the income of the deceased from the
salary, it is noted that the deceased was working as part
time Director with Niti Chit Fund which was owned by her
brother-in-law. In that view of the matter, the learned
Tribunal was right in taking the salary during the three
previous years prior to the death of the deceased as
Rs.12,000/- per annum. The finding of the learned Tribunal
in this regard is upheld. However, 50% of the salary has to
be added towards future prospects and, therefore, the
income of the deceased from the salary is taken to be
Rs.18,000/- per annum (Rs.12,000 + 50% of Rs.12,000).
Adding Rs.27,820/- towards business income, the total
annual income of the deceased for computation of
compensation is taken to be Rs.45,820/- (Rs.18,000 +
Rs.27,820).
7. The Hon'ble Supreme Court in the case of Sarla Verma
Vs. Delhi Transport Corporation, 2009 (6) Scale 129,
has held the appropriate multiplier at the age of 35 years to
be 16 and the appropriate deduction where the deceased
has left behind five dependents is 1/4th. Following the
judgment of the Hon'ble Supreme Court, the multiplier is
enhanced from 15 to 16 and the personal expenses of the
deceased are reduced to 1/4th.
8. The learned Tribunal has not awarded any
compensation for loss of consortium, loss of love and
affection, loss of estate and funeral expenses. Rs.10,000/- is
awarded towards loss of consortium, Rs.10,000/- towards
loss of love and affection, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses.
9. Taking the income of the deceased to be Rs.45,820/-
per annum, deducting 1/4th towards personal expenses,
applying the multiplier of 16, adding Rs.10,000/- towards loss
of consortium, Rs.10,000/- towards loss of love and affection,
Rs.5,000/- towards loss of estate and Rs.5,000/- towards
funeral expenses, the total compensation is computed to be
Rs.5,79,840/- [(Rs.45,820 x 3/4 x 16) + Rs.10,000 +
Rs.10,000 + Rs.5,000 + Rs.5,000].
10. The appeal is allowed and the award amount is
enhanced from Rs.3,00,000/- to Rs.5,79,840/-. The learned
Tribunal has awarded interest @12% per annum which is not
disturbed on the original award amount of Rs.3,00,000/-.
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.
11. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch A/c Nannu Mal Jain 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.
12. Upon the aforesaid amount being deposited, the UCO
Bank is directed keep a sum of Rs.5,00,000/- in the fixed
deposit as per the details given hereunder:-
(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.2 for a period of one year.
(iv) Fixed deposit for Rs.50,000/- in the name of
appellant No.2 for a period of two years.
(v) Fixed deposit for Rs.50,000/- in the name of
appellant No.3 for a period of one year.
(vi) Fixed deposit for Rs.50,000/- in the name of
appellant No.3 for a period of two years.
(vii) Fixed deposit for Rs.50,000/- in the name of
appellant No.4 for a period of one year.
(viii) Fixed deposit for Rs.50,000/- in the name of
appellant No.4 for a period of two years.
(ix) Fixed deposit for Rs.50,000/- in the name of
appellant No.5 for a period of one year.
(x) Fixed deposit for Rs.50,000/- in the name of
appellant No.5 for a period of two years.
13. The remaining amount be released to appellant No.1 by
transferring the said amount to his Saving Bank Account.
14. The interest on all the aforesaid fixed deposits shall be
paid cumulative.
15. The original fixed deposit receipts shall be retained by
the Bank in the safe custody. However, the original Pass
Books shall be given to the appellants along with the
photocopy of the FDRs.
16. The original fixed deposit receipts shall be handed over
to the appellants at the end of the fixed deposit period and
the maturity amount be paid by transferring the same to the
Saving Bank Account of the appellants.
17. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
18. Half yearly statement of account be filed by the Bank in
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 Accounts and Fixed Deposit
Accounts 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 signature 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 through the UCO Bank, High Court Branch under
the signature of Court Master.
J.R. MIDHA, J
JANUARY 29, 2010
aj
