Delhi High Court
Ram Niwas Sharma & Anr vs Chander Pal & Anr. on 4 June, 2010
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 571/2001
Date of reserve: 26th March, 2010
% Date of Decision: 4th June, 2010
RAM NIWAS SHARMA & ANR ..... Appellants
Through : Mr. M.B. Singh, Adv.
versus
CHANDER PAL & ANR. ..... Respondents
Through : Mr. S.L. Gupta and Mr.Ram
Ashray, Advs. for R-2.
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.58,000/- has been
awarded to the appellants. The appellants seek enhancement
of the award amount.
2. The accident dated 6th June, 1986 resulted in the death
of Vijender Kumar. The deceased was survived by his parents
who filed the claim petition before the learned Tribunal.
3. The deceased was aged about 23 years at the time of
the accident and was working as Mechanic of Refrigeration
and Air Conditioning. It was claimed that the deceased was
earning Rs.1,500/- per month. The learned Tribunal took the
income of the deceased to be 800/-, deducted 1/2 towards the
personal expenses of the deceased and applied the multiplier
of 10 to compute the loss of dependency at Rs.48,000/-. The
learned Tribunal has awarded Rs.10,000/- towards loss of
expectation of life.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The income of deceased be taken as Rs.1,500/-
(ii) The future prospects be taken into consideration.
(iii) The multiplier be enhanced from 10 to 13
according to the age of the father of deceased who
was 47 years at the time of the accident.
(iv) The compensation be awarded for loss of love and
affection, loss of estate and funeral expenses.
5. The occupation and income of the deceased was proved
by PW-1 who deposed that the deceased was a mechanic of
refrigeration and air-conditioning earning Rs.1500/- per
month. However, in the absence of any documentary proof of
income, the Claims Tribunal assumed the income of the
deceased to be Rs.800/- per month. The finding of the Claims
Tribunal in this regard is fair and reasonable and does not
warrant any interference.
6. The Claims Tribunal has not awarded the future
prospects and has applied the multiplier of 10 whereas the
appropriate multiplier according to the age of the father of the
deceased is 13 and 50% has to be added towards the future
prospects according to the judgment of the Hon'ble Supreme
Court in the Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129. Following the aforesaid
judgment, 50% of the income of the deceased is added
towards the future prospects and the multiplier is enhanced
from 10 to 13.
7. The Claims Tribunal has not awarded any compensation
for loss of love and affection, loss of estate and funeral
expenses. The Claims Tribunal has awarded Rs.10,000/-
towards loss of expectation of life which is not a permissible
head and the same is, therefore, treated as compensation for
loss of love and affection. Rs.10,000/- is awarded towards loss
of estate and Rs.5,000/- towards funeral expenses.
8. Taking the income of the deceased as Rs.800/-, adding
50% towards future prospectus, deducting 1/2 towards
personal expenses of the deceased, applying the multiplier of
13, adding Rs.10,000/- towards loss of love and affection,
Rs.10,000/- towards loss of estate and Rs.5,000/- towards
funeral expenses, the total compensation is computed at
Rs.1,18,600/- {[(Rs.800 + 50% of Rs.800) / 2 x 12 x 13] +
Rs.10,000 + Rs.10,000 + Rs.5,000}.
9. The appeal is allowed and the award amount is
enhanced from Rs.58,000/- to Rs.1,18,600/-. The Claims
Tribunal has awarded interest @ 9% per annum which is not
disturbed on the original award amount of Rs.58,000/-.
However, on the enhanced award amount, the rate of interest
shall be 7.5% from the date of filing of the petition till
realization.
10. The enhanced award amount along with interest be
deposited by respondent No.2 with UCO Bank, A/c. Ram Niwas
Sharma, Delhi High Court Branch within 30 days.
11. Upon the aforesaid amount being deposited, UCO Bank
is directed to release 10% of the said amount to appellants by
transferring the same to their joint savings bank account. The
remaining amount be kept in the fixed deposit in the joint
names of the appellants in the following manner:-
(i) Fixed deposit in respect of 10% of the amount for a
period of six months.
(ii) Fixed deposit in respect of 10% of the amount for a
period of one year.
(iii) Fixed deposit in respect of 10% of the amount for a
period of one and a half years.
(iv) Fixed deposit in respect of 10% of the amount for a
period of two years.
(v) Fixed deposit in respect of 10% of the amount for a
period of two and a half years.
(vi) Fixed deposit in respect of 10% of the amount for a
period of three years.
(vii) Fixed deposit in respect of 10% of the amount for a
period of three and a half years.
(viii) Fixed deposit in respect of 10% of the amount for a
period of four years.
(ix) Fixed deposit in respect of 10% of the amount for a
period of four and a half years.
12. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the joint Savings
Account of the appellants.
13. Withdrawal from the aforesaid account of the appellants
shall be permitted to them after due verification and the Bank
shall issue photo Identity Card to appellants to facilitate
identity.
14. No cheque book be issued to appellants without the
permission of this Court.
15. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to the appellants and the maturity amount of the
FDRs be automatically credited to the Saving Bank Account of
the beneficiary at the end of the FDR.
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 appellants, the Bank shall transfer the
joint Savings Account to any other branch according to the
convenience of the appellants.
19. The appellants shall furnish all the relevant documents
for opening of the joint 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 signatures 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
JUNE 04, 2010
s.pal
