Indro & Ors vs Satish & Ors
2010 Latest Caselaw 1488 Del

16
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +   MAC.APP.No.519/2007

                                 Date of Decision : 17th March, 2010
%

      INDRO & ORS                               ..... Appellants
                           Through : Mr. O.P. Mannie, Adv.

                      versus

      SATISH & ORS                            ..... Respondents
                           Through : Mr. R.K. Bachchan, Adv.
                                     for R-1 & 2.
                                     Mr. Abhishek Kumar and
                                     Mr. Birander Singh, Advs.
                                     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.6,00,000/- has

been awarded to the appellants. The appellants seek

enhancement of the award amount.

2. The accident dated 29th August, 2002 resulted in the

death of Ishwar Singh. The deceased was survived by his

widow, three minor daughters and one minor son who filed

the claim petition before the learned Tribunal.

3. The deceased was aged 35 years at the time of the

accident and was working as a driver with Municipal

Corporation of Delhi drawing a salary of Rs.2,948/- per

month. The deceased was also holding agricultural land and

was having agricultural income of Rs.2,000/- per month. The

learned Tribunal took the income of the deceased as

Rs.2,189/- per month, added Rs.2,000/- towards agricultural

income, deducted 1/3rd towards his personal expenses and

applied the multiplier of 17 to compute the loss of

dependency at Rs.5,69,568/-. Rs.30,432/- has been awarded

for loss of consortium, loss of love and affection and funeral

expenses. The total compensation awarded is Rs.6,00,000/-.

4. The learned counsel for the appellants has urged the

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

(i) The salary of the deceased be taken as Rs.2,948/-

per month.

(ii) 50% be added towards the future prospects of the

deceased.

(iii) The personal expenses of the deceased be

reduced from 1/3rd to 1/4th.

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

5. The learned counsel for respondent No.3, in reply,

submits that the multiplier is liable to be reduced from 17

to 16 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.

6. The appellants has placed on record the salary

certificate dated 19th September, 2003 issued by the

Municipal Corporation of Delhi whereby the salary of the

deceased has been certified by the Superintendent of MCD to

be Rs.2,948/- per month. The salary of the deceased is taken

to be Rs.2,948/- per month. The deceased was aged 35

years at the time of the accident and has left behind his

widow, three minor daughters and one minor son. In terms

of the judgment of the Hon'ble Supreme Court in the case of

Sarla Verma (Supra), the appropriate multiplier at the age

of 35 years is 16, 50% has to be added towards the future

prospects and the deduction towards the personal expenses

of the deceased has to be reduced from 1/3rd to 1/4th.

Following the aforesaid judgment, the multiplier is reduced

from 17 to 16, 50% is added towards the future prospects of

the deceased and the personal expenses of the deceased are

reduced from 1/3rd to 1/4th.

7. Taking the income of the deceased as Rs.2,948/- per

month, adding 50% towards the future prospects, adding

Rs.2,000/- towards agricultural income, deducting 1/4th

towards the personal expenses and applying the multiplier of

16, the loss of dependency is computed to be Rs.9,24,768/-

[(Rs.2,948 + 50% of Rs.2,948 + Rs.2,000) x 3/4 x 12 x 16].

8. The Claims Tribunal has not awarded any compensation

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

of estate. The appellants are entitled to total compensation

of Rs.9,65,200/- (Rs.9,24,768 + Rs.30,432 + Rs.10,000).

9. The appeal is allowed and the award amount is

enhanced from Rs.6,00,000/- to Rs.9,65,200/- along with

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

petition till the date of notice of deposit under Order XXI Rule

I of the Code of Civil Procedure.

10. The enhanced award amount along with interest be

deposited by respondent No.3 with UCO Bank A/c Indro, Delhi

High Court Branch through Mr. M.M. Tandon, Member-Retail

Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile

No. 09310356400) within 30 days.

11. Upon the aforesaid deposit being made, the UCO Bank

is directed to release 10% of the same to appellant No.1 by

transferring the same to her Saving Bank Account with UCO

Bank, Delhi High Court Branch.

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

following manner:-

(i) Fixed deposit in respect of 5% of the award

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

of one year.

(ii) Fixed deposit in respect of 5% of the award

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

of two years.

(iii) Fixed deposit in respect of 5% of the award

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

of three years.

(iv) Fixed deposit in respect of 5% of the award

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

of four years.

(v) Fixed deposit in respect of 5% of the award

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

of five years.

(vi) Fixed deposit in respect of 5% of the award

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

of six years.

(vii) Fixed deposit in respect of 5% of the award

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

of seven years.

(viii) Fixed deposit in respect of 5% of the award

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

of eight years.

(ix) Fixed deposit in respect of 5% of the award

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

of nine years.

(x) Fixed deposit in respect of 5% of the award

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

of ten years.

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

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

of three years.

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

amount in the name of appellant No.3 for a period

of four years.

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

amount in the name of appellant No.4 for a period

of five years.

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

amount in the name of appellant No.5 for a period

of eight 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 appellant No.1 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. Appellant No.1 is present in Court and she submits that

she is permanent resident of Guhana, Sonepat and she has

got Saving Bank Account with State Bank of Patiala, Guhana,

Sonepat and, therefore, the monthly interest be permitted to

be transferred/credited in the aforesaid Saving Bank

Account. The UCO Bank, Delhi High Court Branch is directed

to transfer/credit the monthly interest to the Saving Bank

Account of appellant No.1 with State Bank of Patiala,

Guhana, Sonepat.

20. 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).

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

parties under 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.

J.R. MIDHA, J MARCH 17, 2010 mk