Delhi High Court
Surendri & Ors vs Satpal & Anr on 18 March, 2010
Author: J.R. Midha
22
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.537/2007
Date of Decision: 18th March, 2010
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SURENDRI & ORS ..... Appellants
Through Mr. O.P. Mannie, Adv.
versus
SATPAL & ANR ..... Respondents
Through Mr. K.L. Nandwani, Adv. for
R-2.
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.1,77,000/- has
been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 11th December, 2005 resulted in the
death of Jagat Singh. The deceased was survived by his
widow, six minor daughters, one minor son and parents who
filed the claim petition before the learned Tribunal.
3. The deceased was aged about 32 years at the time of
the accident and was working in the dairy farm. In the
absence of any documentary proof of the income of the
deceased, the learned Tribunal took the notional income of
the deceased as Rs.15,000/- per annum, deducted 1/3rd
towards his personal expenses and applied the multiplier of
17 to compute the loss of dependency at Rs.1,70,000/-. The
learned Tribunal has awarded Rs.2,000/- towards funeral
expenses and Rs.5,000/- towards loss of consortium. The
learned Tribunal has awarded total compensation of
Rs.1,77,000/- to the appellants.
4. The learned counsel for the appellants has urged the
following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be
according to the minimum wages of Rs.3,166/- per
month.
(ii) The personal expenses of the deceased be not
deducted in view of the large family.
(iii) The compensation be awarded for loss of love and
affection and loss of estate.
5. The deceased was working in a dairy farm. It is well
settled that in the absence of any documentary proof,
the Claims Tribunal should have taken the minimum
wages into consideration. The Claims Tribunal has erred
in taking the notional income of Rs.15,000/- per
month. The minimum wages of Rs.3,166/- are taken for
computation of compensation. The deceased has left behind
ten legal representatives. Considering the large family of the
deceased, no deduction in respect of his personal expenses
for computation of compensation is done. The deceased was
aged 32 years at the time of accident and the Claims
Tribunal has applied the multiplier of 17. According to the
judgment of the 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 32 years is 16
and, therefore, the multiplier is reduced from 17 to 16.
6. The Claims Tribunal has not awarded any compensation
for loss of love and affection and loss of estate. Rs.10,000/-
is awarded towards loss of love and affection and Rs.10,000/-
towards loss of estate.
7. Taking the income of the deceased to be Rs.3,166/- per
month, applying the multiplier of 16, adding Rs.5,000/-
towards the loss of consortium, Rs.2,000/- towards funeral
expenses, Rs.10,000/- loss of love and affection and
Rs.10,000/- towards loss of estate, the total compensation
computed to be Rs.6,34,872/- [(3166 x 12 x 16) + 5,000/- +
2,000/- + 10,000 + 10,000/-].
8. The appeal is allowed and the award amount is
enhanced from Rs.1,77,000/- to Rs.6,34,872/- along with
interest @7.5% per annum from the date of filing of the
petition till notice under Order 21 Rule 1 of the Code of Civil
Procedure. The enhanced award amount along with interest
be deposited by the respondent No.2 with UCO Bank A/c
Surendri, Delhi High Court Branch, within 30 days.
9. Upon the aforesaid amount being deposited the UCO
Bank is directed to release 10% of the same to appellant
No.1 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% of the award
amount in the name of appellant No.1 for the
period of six months.
(ii) Fixed deposit in respect of 5% of the award
amount in the name of appellant No.9 for the
period of one year.
(iii) Fixed deposit in respect of 5% of the award
amount in the name of appellant No.10 for the
period of one year.
(iv) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.2 for the
period of one and a half years.
(v) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.3 for the
period of two years.
(vi) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.4 till he
attains the age of 18 years.
(vii) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.5 till she
attains the age of 18 years.
(viii) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.6 till she
attains the age of 18 years.
(ix) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.7 till she
attains the age of 18 years.
(x) Fixed deposit in respect of 10% of the award
amount in the name of appellant No.8 till she
attains the age of 18 years.
10. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of appellant No.1.
11. 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.
12. No cheque book be issued to appellant No.1 without the
permission of this Court.
13. 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.
14. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
15. Half yearly statement of account be filed by the Bank in
this Court.
16. 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.
17. The appellant Nos.1 to 10 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.
18. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
19. 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 18, 2010/HL
