Rameshwari & Ors vs D.T.C. & Ors
2010 Latest Caselaw 2867 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +       MAC.APP.505/2007

                               Date of reserve: 25th March, 2010
%                              Date of Decision: 1st June, 2010

      RAMESHWARI & ORS           ..... Appellants
                   Through : Mr. Navneet Goyal and
                             Mr. Varun Kumar, Advs.

                   versus

      D.T.C. & ORS                 ..... Respondents
                        Through : Mr. Ataul Haque, Adv.for R-1.
                                  Mr. Pradeep Gaur and
                                  Mr. Amit Kumar Pandey,
                                  Advs. 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

1. The appellants have challenged the award of the learned

Tribunal whereby compensation of Rs.8,60,080/- has been

awarded to the appellants. The appellants seek enhancement

of the award amount.

2. The accident dated 2nd January, 2006 resulted in the

death of Satbir Singh. The deceased was survived by his

widow, two minor sons, one minor daughter and parents who

filed the claim petition before the Claims Tribunal.

3. The deceased was aged about 43 years at the time of

the accident and was working as an electrician with Delhi Jal

Board drawing a gross salary of Rs.14,203/- per month. The

Claims Tribunal took the income of the deceased at

Rs.82,008/- per annum (Rs.6,834/- per month) by taking the

average of Rs.74,016/- (Rs.6,168 x 12) + Rs.90,000/-,

deducted 1/3rd towards his personal expenses and applied the

multiplier of 15 to compute the loss of dependency at

Rs.8,20,080/-. Rs.10,000/- has been awarded towards loss of

consortium, Rs.10,000/- towards loss of love and affection,

Rs.10,000/- towards expectancy of the life of the deceased

and Rs.10,000/- towards funeral expenses. The total

compensation awarded is Rs.8,60,080/-.

4. The learned counsel for the appellants has urged the

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

(i) The income of the deceased be taken as

Rs.14,203/- per month.

(ii) 50% be added towards future prospects.

(iii) The personal expenses of the deceased be reduced

from 1/3rd to 1/4th.

(iv) The compensation be awarded for loss of estate.

5. The learned counsel for respondent No.3 submits that

the multiplier is liable to be reduced from 15 to 14 and the

future prospects be taken into consideration by adding 30% in

terms of the judgment of the Hon'ble Supreme Court in the

case of Sarla Verma Vs. Delhi Transport Corporation,

2009 (6) Scale 129.

6. The salary of the deceased was proved by certificate -

Ex.PW2/1 according to which the salary of the deceased at the

time of the accident was Rs.14,203/- per month. The

travelling allowance of Rs.100/- is deducted and the income of

the deceased for computation of compensation is taken to be

Rs.14,103/- (Rs.14,203 - Rs.100) per month. The deceased

was aged 43 years at the time of the accident and was

survived by six legal representatives. In terms of the

judgment of the Hon'ble Supreme Court in the case of Sarla

Verma (supra), 30% is to be added towards future prospects,

1/4th is to be deducted towards personal expenses of the

deceased and the multiplier of 14 has to be applied.

Following the aforesaid judgment, 30% is added towards the

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

expenses and the multiplier is reduced from 15 to 14. The

Claims Tribunal has not awarded any compensation for loss of

estate. However, the Claims Tribunal has awarded

Rs.10,000/- towards expectancy of life of the deceased which

is not a permissible head. The compensation of Rs.10,000/-

towards expectancy of life is treated as compensation for loss

of estate.

7. The learned counsel for respondent No.3 submits that

the Income Tax has to be deducted from the income of the

deceased. The Accounts Department of this Court has

checked this aspect and has opined that the Income Tax limit

in the year 2005-06 was Rs.1,00,000/- and after deduction of

maximum saving of Rs.1,00,000/-, the income of the deceased

would be Rs.69,236/- [Rs.1,69,236 (Rs.14,103 x 12) -

Rs.1,00,000] which is below the taxable limit. As such, no

Income Tax is deducted from the income of the deceased.

8. Taking the income of the deceased as Rs.14,103/- per

month, adding 30% towards future prospects, deducting 1/4th

towards his personal expenses, applying the multiplier of 14,

adding Rs.10,000/- towards loss of consortium, Rs.10,000/-

towards loss of love and affection, Rs.10,000/- for loss of

estate and Rs.10,000/- towards funeral expenses, the total

compensation is computed to be Rs.23,50,071/- [(Rs.14,103 +

30% of Rs.14,103) x 12 x 3/4 x 14) + Rs.10,000 + Rs.10,000

+ Rs.10,000 + Rs.10,000].

9. The appeal is allowed and the award amount is

enhanced from Rs.8,60,080/- to Rs.23,50,071/- along with

interest @7.5% per annum from the date of filing of the claim

petition up to the date of notice of deposit under Order XXI

Rule 1 of the Code of Civil Procedure.

10. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c

Rameshwari, Delhi High Court Branch through Mr. M.M.

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

Street, New Delhi (Mobile No. 09310356400) within 30 days.

11. Appellants No.5 and 6 have expired during the pendency

of this appeal and their shares have devolved upon appellants

No.1 to 4. Appellants No.1 to 4 are substituted in place of

appellants No.5 and 6.

12. Upon the enhanced award amount being deposited, UCO

Bank is directed to release 10% of the amount to appellant

No.1 by transferring the same to her Saving Bank Account.

The remaining amount be kept in fixed deposit in the following

manner:-

(i) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.2 for a period

of one year.

(ii) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.3 for a period

of two years.

(iii) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.1 for a period

of three years.

(iv) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.4 for a period

of four years.

(v) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.2 for a period

of five years.

(vi) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.3 for a period

of six years.

(vii) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.4 for a period

of seven years.

(viii) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.1 for a period

of eight years.

(ix) Fixed deposit in respect of 10% of the award

amount in the name of appellant No.1 for a period

of nine years.

13. The interest on the aforesaid fixed deposits shall be paid

monthly by automatic credit of interest in the Savings Account

of appellant No.1.

14. Withdrawal from the aforesaid account shall be

permitted to appellant No.1 after due verification and the

Bank shall issue photo Identity Card to appellants No.1 to 4

to facilitate identity.

15. No cheque book be issued to appellants No.1 without the

permission of this Court.

16. The Bank shall issue Fixed Deposit Pass Book instead of

the FDRs to appellant No.1 and the maturity amount of the

FDRs be automatically credited to the Saving Bank Account of

the beneficiary at the end of the FDR.

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 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.

20. Appellants No.1 to 4 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 (Mobile No.

09310356400).

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

parties under signatures 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 (Mobile No. 09310356400) through the UCO Bank, High

Court Branch under the signature of Court Master.

J.R. MIDHA, J June 1, 2010