Ratan Singh & Anr vs Abdul Mannan & Ors
2010 Latest Caselaw 1180 Del

33
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                  +     MAC.APP.No.446/2008

                                 Date of Decision: 3rd March, 2010
%

      RATAN SINGH & ANR                   ..... Appellants
               Through : Mr. Yogesh Swroop, Adv.

                        versus

      ABDUL MANNAN & ORS              ..... Respondents
              Through : Mr. Mohan Babu 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.3,15,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 28th April, 2006 resulted in the

death of Ombir Singh. The deceased was survived by his

father aged about 70 years and a minor son aged about 13

years.

3. The deceased was aged 39 years at the time of the

accident and was working as a driver. The learned Tribunal

took the minimum wages of Rs.3,700/- per month, added

50% towards the increase in minimum wages due to inflation

and rise in price index, deducted 1/3rd towards the personal

expenses and applied the multiplier of 13 to compute the

loss of dependency at Rs.5,80,000/-. Rs.40,000/- has been

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

has been awarded towards funeral expenses. The total

compensation computed is Rs.6,30,000/-. 50% has been

deducted towards the contributory negligence of the

deceased and Rs.3,15,000/- has been awarded to the

appellants.

4. The learned counsel for the appellants has urged

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

(i) The finding of contributory negligence be set

aside.

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

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

5. The deceased was sleeping under truck bearing No.HR-

38L-0545 which was standing in the parking for off-loading.

Eye-witness, Satpal appeared in the witness box as PW-4 and

deposed that he along with deceased had driven their

respective buses to the place of the accident and were

exhausted. The offending truck was standing in the parking

for off-loading. PW-4 and Ombir informed the driver and

helper of the truck who were inside that they were lying

under the truck for resting. PW-4 went away to purchase the

things for painting while the deceased continued to rest

under the truck. Before leaving, PW-4 woke up the deceased

and told him to rest in his own vehicle but the deceased

informed PW-4 that he has already informed the driver of the

truck who was aware that the deceased was resting under

the truck. After sometime when PW-4 came back, he found

that the deceased had been ran over by the truck. The truck

driver and the conductor ran away from the spot. The

learned Tribunal held the deceased and the driver of the

truck to be contributory negligent to the extent of 50%.

Since the driver of the truck was aware that the deceased

was resting under the truck, having been informed by PW-4

as well as the deceased, the negligence of the driver is

enhanced from 50% to 75%. The negligence of the deceased

is reduced from 50% to 25%.

6. The deceased was aged 39 years at the time of the

accident. Following the judgment of Hon'ble Supreme Court

in the case of Sarla Verma Vs. Delhi Transport

Corporation, 2009 (6) Scale 129, the appropriate

multiplier at the age of 39 years is 15. The multiplier is

enhanced from 13 to 15. The learned Tribunal has not

awarded any compensation towards loss of estate.

Rs.10,000/- is awarded for loss of estate.

7. Taking the income of the deceased to be Rs.5,550/- per

month, deducting 1/3rd towards his personal expenses and

applying the multiplier of 15, the loss of dependency is

computed to be Rs.6,66,000/- (Rs.5,550 x 12 x 2/3 x 15).

Deducting 25% towards the contributory negligence of the

deceased, the balance loss of dependency is computed to be

Rs.4,99,500/- [Rs.6,66,000 - (25% of Rs.6,66,000)]. Adding

Rs.40,000/- towards loss of love and affection, Rs.10,000/-

towards funeral expenses and Rs.10,000/- towards loss of

estate, the total compensation computed to be Rs.5,59,500/-

(Rs.4,99,500 + Rs.40,000 + Rs.10,000 + Rs.10,000).

8. The appeal is allowed and the award amount is

enhanced from Rs.3,15,000/- to Rs.5,59,500/- along with

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

petition till the notice of deposit under Order 21 Rule 1 of the

Code of Civil Procedure.

9. The enhanced award amount along with interest be

deposited by respondent No.3 with State Bank of India A/c

Ratan Singh, Tis Hazari Court Branch through Mr. H.S. Rawat,

Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:

09717044322).

10. Upon the aforesaid deposit being made, the State Bank

of India is directed to release 10% of the same to appellant

No.1. 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.1 for a period

of six months.

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

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

of one year.

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

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

of one and a half years.

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

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

of two years.

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

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

of two and a half years.

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

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

of three years.

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

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

of three and a half years.

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

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

of four years.

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

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

of four and a half years.

11. The interest on the aforesaid fixed deposits shall be

paid monthly by automatic credit of interest in the Savings

Account of appellant No.2.

12. Withdrawal from the aforesaid account shall be

permitted after due verification and the Bank shall issue

photo Identity Card to the appellants to facilitate identity.

13. No cheque book be issued to the appellants without the

permission of this Court.

14. 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.

15. No loan, advance or withdrawal shall be allowed on the

said fixed deposit receipts without the permission of this

Court.

16. Half yearly statement of account be filed by the Bank in

this Court.

17. On the request of the appellants, the Bank shall

transfer the Savings Account to any other branch according

to the convenience of the appellants.

18. The appellants shall furnish all the relevant documents

for opening of the Saving Bank Account and Fixed Deposit

Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari

Branch, Tis Hazari (Mb: 09717044322).

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

parties under signatures of the Court Master.

20. Copy of this order be also sent to Mr. H.S. Rawat,

Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:

09717044322) under the signature of Court Master.

J.R. MIDHA, J MARCH 03, 2010 mk