Delhi High Court
Sh Balkishan & Ors. vs Sh Ramesh Singh & Ors on 8 March, 2010
Author: J.R. Midha
21
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No. 365/1997
Date of Decision: 8th March, 2010
%
SH BALKISHAN & ORS. ..... Appellants
Through Mr. O.P.Mannie, Adv.
versus
SH RAMESH SINGH & ORS ..... Respondents
Through Ms. Kinchen O. Bhutia, Adv.
for R-4.
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 learned Counsel for the appellants submits that
appellants No.1 and 2 have expired during the pendency of
this appeal and their rights have devolved upon appellants
No.3 and 4. Appellants No.3 and 4 are substituted in place of
appellants No.1 and 2. The amended memo of parties is
taken on record.
2. Respondent No.1, the driver of the offending vehicle
was working with Delhi Police at the time of the accident.
Notice to respondent No.1 is dispensed with.
3. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.1,54,000/-
has been awarded to them. The appellants seek
enhancement of the award amount.
4. The accident dated 12th June, 1987 resulted in the
death of Nand Kishore. The deceased was survived by his
wife, minor daughter and parents.
5. The deceased was aged 21 years at the time of the
accident and was working with International Travellers
Requisite Stall, I.G.I. Airport (Palam) drawing a salary of
Rs.1,000/- per month. The learned Tribunal took the income
of the deceased to be Rs.1,000/-, deducted 1/3rd towards the
personal expenses of the deceased and applied the multiplier
of 18 to compute the loss of dependency at Rs.1,44,000/-.
The learned Tribunal has awarded Rs.10,000/- towards loss
of expectation of life. The total compensation awarded is
Rs.1,54,000/-.
6. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The future prospects be taken into consideration
for computation of compensation.
(ii) The personal expenses of the deceased be
reduced from 1/3rd to 1/4th.
(iii) The compensation be awarded for loss of
consortium, loss of love and affection, loss of
estate and for funeral expenses.
7. In terms of the judgment of Hon'ble Supreme Court in
the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129, 50% of the salary of the
deceased is to be added towards future prospects and 1/4 th
of the income of the deceased is to be deducted towards his
personal expenses as the deceased was less than 40 years of
age and has left behind four legal representatives.
8. Following the aforesaid judgment of the Hon'ble
Supreme Court, the income of the deceased is taken to be
Rs.1,500 (1000 + 50%) and personal expenses are reduced
from 1/3rd to 1/4th. The learned Tribunal has not awarded any
compensation for loss of consortium, loss of love and
affection, loss of estate and funeral expenses. However, the
learned Tribunal has awarded Rs.10,000/- towards loss of
expectation of life. The compensation for loss of expectation
of life is treated as compensation for loss of consortium.
Rs.10,000/- has been awarded towards loss of love and
affection, Rs.10,000/- towards loss of estate and Rs.5,000/-
towards funeral expenses.
9. Taking the income of the deceased to be Rs.1,500/-,
deducting 1/4th towards the personal expenses of the
deceased, applying the multiplier of 18, adding Rs.10,000/-
towards the 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 total compensation
computed to be Rs.2,78,000/- [(Rs.1,500 x 3/4 x 12 x 18) +
10,000 + 10,000 + 10,000 + 5,000)].
10. The appeal is allowed and the award amount is
enhanced from Rs.1,54,000/- to Rs.2,78,000/-. The learned
Tribunal has awarded interest @ 12% per annum which is not
disturbed on the original award amount of Rs.1,54,000/-.
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 date of deposit under Order 21 Rule 1 of the
Code of Civil Procedure.
11. The enhanced award amount along with interest be
deposited by respondent No.2 with UCO Bank, Delhi High
Court Branch A/c Veena through Mr. M.M. Tandon, Member-
Retail Team, UCO Bank Zonal, Parliament Street, New Delhi
(Mobile No. 09310356400) within 30 days.
12. Upon the enhanced award amount being deposited,
UCO Bank is directed to release 10%of the amount in the
name of appellant no.2 by transferring the same to her
Savings Bank Account. The remaining amount be kept in the
fixed deposits in the following manner:
(i.) Fixed deposit in respect of 10% in the name of
appellant No.2 for a period of 6 months.
(ii.) Fixed deposit in respect of 10% in the name of
appellant No.2 for a period of one year.
(iii.) Fixed deposit in respect of 10% in the name of
appellant No.2 for a period of one and a half
years.
(iv.) Fixed deposit in respect of 10% in the name of
appellant No.1 for a period of two years.
(v.) Fixed deposit in respect of 10% in the name of
appellant No.1 for a period of two and a half
years.
(vi.) Fixed deposit in respect of 10% in the name of
appellant No.1 for a period of three years.
(vii.) Fixed deposit in respect of 10% in the name of
appellant No.1 for a period of three and a half
years.
(viii.) Fixed deposit in respect of 10% in the name of
appellant No.1 for a period of four years.
(ix.) Fixed deposit in respect of 10% in the name of
appellant No.1 for a period of four and a half
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 appellant No.1 to
facilitate identity.
15. No cheque book be issued to appellant No.1 without the
permission of this Court.
16. 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.
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 according
to the convenience of appellant No.1.
20. The appellant Nos.1 & 3 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.
21. Copy of the order be given dasti to counsel for both the
parties under the 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.
23. Appellant No.1, Veena is present in Court and she
submits that she has fixed the marriage of appellant No.2
Nisha, but the date has not been fixed. Upon the date of
marriage of appellant No.2 is fixed, the liberty is given to the
appellant to seek pre-mature discharge of three FDRs in the
name of appellant No.2.
24. Copy of this order be given 'Dasti' to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
MARCH 08, 2010
HL
