Dr. Lakhi Ram Solanki & Ors vs Onkar Nath & Ors
2010 Latest Caselaw 1322 Del

19
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +       FAO.No.276/1999

                               Date of Decision: 10th March, 2010
%

       DR. LAKHI RAM SOLANKI & ORS      ..... Appellants
                     Through : Mr. Sharvan Dev, Adv. along
                               with appellants No.1 and 2.

                   versus

      ONKAR NATH & ORS                ..... Respondents
                   Through : Ms. Manjusha Wadhwa, 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.3,22,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 14th December, 1994 resulted in the

death of Neeraj Gupta. The deceased was survived by his

parents who filed the claim petition before the learned

Tribunal.

3. The deceased was aged 24 years at the time of the

accident. The deceased was B.Sc., Zoology (Hons.) with

post-graduate diploma in Marketing Management. The

deceased was working with M/s Bennet Colman & Co. at a

monthly salary of Rs.5,000/- per month. The learned Tribunal

took the income of the deceased as Rs.4,000/- per month,

deducted 1/3rd towards personal expenses and applied the

multiplier of 11 to compute the loss of dependency at

Rs.3,20,000/-. Rs.2,000/- has been awarded towards funeral

expenses. The total compensation awarded is Rs.3,22,000/-.

4. 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.

(ii) The compensation be awarded for loss of love and

affection and loss of estate.

5. The deceased was earning Rs.4,000/- per month as per

the salary certificate on record of the Claims Tribunal. The

Claims Tribunal has not taken the future prospects of the

deceased into consideration. The income of the deceased is

taken as Rs.4,000/- per month and 50% is added towards the

future prospects 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. The income

of the deceased for computation of compensation is taken to

be Rs.6,000/- per month.

6. The learned Tribunal has deducted 1/3rd towards

personal expenses of the deceased whereas the appropriate

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

Court in the case of Sarla Verma (supra) is 1/2. However, in

the peculiar facts of this case, the deduction of 1/3rd towards

personal expenses of the deceased is not interfered with but

this finding shall not be treated as a precedent. Taking the

income of the deceased to be Rs.6,000/- per month,

deducting 1/3rd towards personal expenses and applying the

multiplier of 11, the loss of dependency is computed to be

Rs.5,28,000/- (Rs.6,000 x 2/3 x 12 x 11).

7. The Claims Tribunal has not awarded any compensation

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

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

awarded towards loss of estate. The compensation for

funeral expenses is enhanced from Rs.2,000/- to Rs.5,000/-.

The appellants are entitled to total compensation of

Rs.5,53,000/- (Rs.5,28,000 + Rs.10,000 + Rs.10,000 +

Rs.5,000).

8. The appeal is allowed and the award amount is

enhanced from Rs.3,22,000/- to Rs.5,53,000/-. The learned

Tribunal has awarded interest @12% per annum which is not

disturbed on the original award amount of Rs.3,22,000/-.

However, on the enhanced award amount, the rate of

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

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

Rule 1 of the Code of Civil Procedure.

9. The enhanced award amount along with interest be

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

Ram Solanki, Delhi High Court Branch through Mr. M.M.

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

Street, New Delhi (Mobile No. 09310356400) within a period

of 30 days.

10. Upon the aforesaid deposit being made, UCO Bank is

directed to release 10% of the same to the appellants by

transferring the same to their Joint Saving Bank Account.

11. The remaining amount be kept in fixed deposit in the

joint names of the appellants in the following manner:-

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

amount for a period of six months.

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

amount for a period of one year.

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

amount for a period of one and a half years.

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

amount for a period of two years.

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

amount for a period of two and a half years.

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

amount for a period of three years.

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

amount for a period of three and a half years.

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

amount for a period of four years.

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

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 shall be

permitted to the appellants after due verification and the

Bank shall issue photo Identity Card to the appellants to

facilitate identity.

14. No cheque book be issued to the 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 the appellants, the Bank shall

transfer the Savings Account to any other branch of UCO

Bank according to the convenience of the appellants.

19. The appellants 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).

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

parties under 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

MARCH 10, 2010 aj