Delhi High Court
Delhi Jal Board & Anr vs Ram Narain & Ors on 16 March, 2010
Author: J.R. Midha
27
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.626/2009
Date of Decision:16th March, 2010
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DELHI JAL BOARD & ANR ..... Appellants
Through Mr. Sunil Kumar, Adv.
versus
RAM NARAIN & ORS ..... Respondents
Through Mr. I.B. Jha, 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)
CM No.18604/2009 (Delay)
1. For the reasons stated in the application, the delay in
filing the appeal is condoned.
2. The application stands disposed of.
MAC.APP.No.626/2009
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.7,60,000/- has
been awarded to claimants/respondents No. 1 to 5.
2. The accident dated 27th December, 2003 resulted in the
death of Shakuntla Devi. The deceased was survived by her
husband and four minor children who filed the claim petition
before the learned Tribunal.
3. The Claims Tribunal awarded Rs.6,05,000/- towards loss
of dependency, Rs.1,25,000/- towards loss of love and
affection, Rs.10,000/- towards loss of consortium, Rs.10,000/-
towards funeral expenses and Rs.10,000/- towards loss of
estate. The learned Tribunal has awarded total compensation
of Rs.7,60,000/- to claimants/respondents No. 1 to 5.
4. The learned counsel for the appellants submit that the
compensation of Rs.1,25,000/- towards loss of love and
affection is not in accordance with law and is liable to be
reduced.
5. Computing the compensation for loss of love and
affection at Rs.25,000/-, the award amount is liable to be
reduced from Rs.7,60,000/- to Rs.6,60,000/- along with
interest awarded by the Claims Tribunal. The
claimants/respondents No.1,2,4 and 5 are present in Court
and they accept the reduction of the award amount by
Rs.1,00,000/-.
6. With the consent of the parties, the appeal is allowed
and the award amount is reduced from Rs.7,60,000/- to
Rs.6,60,000/- along with interest @7.5% per annum from the
date of filing of the claim petition till realization.
7. The appellant has deposited a sum of Rs.9,53,939/-
with UCO Bank on 16th February, 2010 in terms of the order
dated 21st December, 2009.
8. The claimants/respondents No. 1 to 5 have already
received the interim award of Rs.50,000/- before the Claims
Tribunal and they are entitled to the balance amount of
Rs.6,10,000/-. Both the parties agree that the interest on the
amount of Rs.6,10,000/- from the date of filing of the claim
petition up to the date of deposit of the award amount by the
appellant is Rs.2,71,705/-. The claimants/respondents No. 1
to 5 are, therefore, entitled to Rs.8,81,705/- (Rs.6,10,000 +
Rs.2,71,705). The appellant is entitled to refund of
Rs.71,830/- out of Rs.9,53,535/- deposited with UCO Bank in
terms of the order dated 21st December, 2009.
9. UCO bank is directed to refund a sum of Rs.71,830/- to
the appellant, Delhi Jal Board through counsel by means of a
cheque drawn in the name of Delhi Jal Board within two
weeks.
10. With respect to the balance amount, UCO Bank is
directed to keep a sum of Rs.8,00,000/- in fixed deposit in
the following manner and the remaining amount be released
to the respondent No.1:-
(i) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of 6 months.
(ii) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of one year.
(iii) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of one and a half
years.
(iv) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of two years.
(v) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of two and a half
years.
(vi) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of three years.
(vii) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of three and a half
years.
(viii) Fixed deposit for Rs.25,000/- in the name of
respondent No.1 for a period of four years.
(ix) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of one year.
(x) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of two years.
(xi) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of three years.
(xii) Fixed deposit for Rs.25,000/- in the name of
respondent No.2 for a period of four years.
(xiii) Fixed deposit for Rs.25,000/- in the name of
respondent No.3 for a period of one year.
(xiv) Fixed deposit for Rs.25,000/- in the name of
respondent No.3 for a period of two years.
(xv) Fixed deposit for Rs.25,000/- in the name of
respondent No.3 for a period of three years.
(xvi) Fixed deposit for Rs.25,000/- in the name of
respondent No.3 for a period of four years.
(xvii) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.4 when she attains the age of 20
years.
(xviii)Fixed deposit for Rs.1,00,000/- in the name of
respondent No.4 when she attains the age of 21
years.
(xix) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.5 when he attains the age of 20
years.
(xx) Fixed deposit for Rs.1,00,000/- in the name of
respondent No.5 when he attains the age of 21
years.
11. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.1.
12. Withdrawal from the aforesaid account shall be
permitted to respondent No.1 after due verification and the
Bank shall issue photo Identity Card to respondent No.1 to
facilitate identity.
13. No cheque book be issued to respondent No.1 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 appellant No.1, the Bank shall
transfer the Savings Account to any other branch according
to the convenience of respondent No.1.
18. The respondent Nos.1 to 5 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.
19. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
20. 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.
21. The statutory amount of Rs.25,000/- filed by the
appellant along with this appeal be refunded back to the
appellant through counsel within four weeks.
J.R. MIDHA, J
MARCH 16, 2010
HL
