Delhi High Court
Anjum & Ors vs Rakesh Jain & Ors on 23 March, 2010
Author: J.R. Midha
41 to 48
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23rd March, 2010
%
+ MAC.APP. 585/2009
ANJUM & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 586/2009
ISLAM & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 587/2009
SAMSA KHATUN & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 588/2009
ANWARI & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
MAC.APP.No.585,586,610,587-90,607-2009 Page 1 of 27
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 589/2009
NAJBIN & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 590/2009
BIBI RUBY PARVEEN & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 607/2009
HUSNI & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
+ MAC.APP. 610/2009
FIROJA KHATUN & ORS ..... Appellants
Through Mr. Varun Kumar and
Mr.Navneet Goyal, Advs.
versus
RAKESH JAIN & ORS ..... Respondents
Through Mr. Sameer Nandwani, Adv.
for R-3
MAC.APP.No.585,586,610,587-90,607-2009 Page 2 of 27
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 awards of the
Claims Tribunal seeking enhancement of the award amount.
2. The accident dated 21st April, 2008 resulted in the
death of nine persons travelling in Tata-407 bearing No.UP-
14T-9962 which had head-on collision with bus bearing
No.DL-1PB-6849 whereupon Tata tempo overturned resulting
in nine deaths of the occupants. The legal representatives of
the nine deceased persons filed separate claim petitions
before the Claims Tribunal.
3. The rash and negligent driving of the bus was proved
by PW-8 who was travelling in Tata-407 and was sitting in the
front cabin. PW-8 deposed that the bus bearing No.DL-1PB-
6849 was being driven in a rash and negligent manner and it
hit the Tata tempo due to which the Tata tempo overturned
and the occupants fell down on the road resulting in the
death of nine persons. PW-4 further deposed that the
criminal case was registered against the driver of the bus.
The Claims Tribunal gave a finding that the accident
occurred due to the rash and negligent driving of the driver
of the bus. The Claims Tribunal held that the deceased were
contributory negligent to the extent of 30% and the award
amount was reduced to that extent.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of these appeals:-
(i) The finding of the contributory negligence of 30%
of the deceased be set aside.
(ii) The Claims Tribunal has deducted the personal
expenses of the deceased twice.
5. The learned counsel for respondent No.3 submits that
there is violation of the terms and conditions of the policy by
the Tata tempo in as much as the said vehicle was meant
only for carrying the goods and three persons are allowed to
be carried in the vehicle whereas twenty one persons were
travelling in Tata tempo. The learned counsel further
submits that the driving licence held by the driver was fake
and, therefore, respondent No.3 is entitled to recovery rights
against the owner of the bus.
6. The statement of the eye-witness, PW-8 has been
perused and the finding of the Claims Tribunal that the
accident occurred due to the rash and negligent driving by
the driver of the offending bus is upheld. There is no
evidence that the deceased in any manner contributed to the
accident. There is also no evidence on record that the
accident occurred because twenty one persons were
travelling in Tata tempo. There is no contributory negligence
on the part of the occupants of Tata tempo. The finding of
contributory negligence and deduction of 30% on that
account is unwarranted. The finding of contributory
negligence of the deceased to the extent of 30% is,
therefore, set aside.
7. The Claims Tribunal has deducted the personal
expenses of the deceased twice which is not permissible in
law. The deduction of personal expenses for the second time
is, therefore, set aside.
8. With respect to the recovery rights claimed by
respondent No.3, no appeal has been filed by respondent
No.3. Respondent No.3 is at liberty to file separate appeals
seeking recovery rights.
9. All the appeals are allowed to the extent of setting
aside of contributory negligence of 30% and the twice
deduction of personal expenses. The detailed break-up of
the amount to which the appellants are entitled is as under:-
MAC.APP.No.585/2009
10. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/5 th
towards personal expenses, applying the multiplier of 15,
adding Rs.10,000/- towards love and affection, Rs.50,000/-
towards loss of consortium, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses, the total
compensation is computed to be Rs.8,69,200/-.
11. The award amount is enhanced from Rs.4,86,472/- to
Rs.8,69,200/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
12. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
13. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the said
amount by transferring the same to the Savings Bank
Account of appellant No.1. The remaining amount be kept in
fixed deposits in the following manner:-
(i) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of one year.
(ii) Fixed deposit in the name of appellant No.7
(mother) in respect of 10% of the award amount
for a period of two years.
(iii) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of three years.
(iv) Fixed deposit in the name of appellant No.7
(mother) in respect of 10% of the award amount
for a period of four years.
(v) Fixed deposit in the name of appellant No.2 in
respect of 10% of the award amount till he attains
the age of maturity.
(vi) Fixed deposit in the name of appellant No.3 in
respect of 10% of the award amount till he attains
the age of maturity.
(vii) Fixed deposit in the name of appellant No.4 in
respect of 10% of the award amount till she
attains the age of maturity.
(viii) Fixed deposit in the name of appellant No.5 in
respect of 10% of the award amount till he attains
the age of maturity.
(ix) Fixed deposit in the name of appellant No.6 in
respect of 10% of the award amount till he attains
the age of maturity.
14. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant No.1.
15. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to the appellant No.1 to
facilitate identity.
16. No cheque book be issued to the appellant without the
permission of this Court.
17. 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.
18. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
19. Half yearly statement of account be filed by the Bank in
this Court.
20. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellant No.1.
21. The appellant Nos.1 to 7 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322)
23. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.586/2009
24. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/2 towards
personal expenses, applying the multiplier of 11, adding
Rs.10,000/- towards love and affection, Rs.5,000/- towards
loss of estate and Rs.5,000/- towards funeral expenses, the
total compensation is computed to be Rs.3,86,300/-.
25. The award amount is enhanced from Rs.1,16,900/- to
Rs.3,86,300/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
26. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
27. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the said
amount by transferring the same to the Joint Savings Bank
Account of appellants. The remaining amount be kept in
fixed deposits in the joint names of appellants in the
following manner:-
(i) Fixed deposit in respect of 10% of the award
amount for a period of one year.
(ii) Fixed deposit in respect of 10% of the award
amount for a period of one and a half years.
(iii) Fixed deposit in respect of 10% of the award
amount for a period of two years.
(iv) Fixed deposit in respect of 10% of the award
amount for a period of two and a half years.
(v) Fixed deposit in respect of 10% of the award
amount for a period of three years.
(vi) Fixed deposit in respect of 10% of the award
amount for a period of three and a half years.
(vii) Fixed deposit in respect of 10% of the award
amount for a period of four years.
(viii) Fixed deposit in respect of 10% of the award
amount for a period of four and a half years.
(ix) Fixed deposit in respect of 10% of the award
amount for a period of five years.
28. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the joint
Savings Account of the appellants.
29. Withdrawal from the aforesaid account shall be
permitted to appellants after due verification and the Bank
shall issue photo Identity Card to the appellants to facilitate
identity.
30. No cheque book be issued to the appellants without the
permission of this Court.
31. 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.
32. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
33. Half yearly statement of account be filed by the Bank in
this Court.
34. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellants.
35. The appellants shall furnish all the relevant documents
for opening of the Saving Bank Account and Fixed Deposit
Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322)
36. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.587/2009
37. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/3 rd
towards personal expenses, applying the multiplier of 5,
adding Rs.10,000/- towards love and affection, Rs.5,000/-
towards loss of estate and Rs.5,000/- towards funeral
expenses, the total compensation is computed to be
Rs.2,42,000/-.
38. The award amount is enhanced from Rs.1,12,000/- to
Rs.2,42,000/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
39. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
40. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the said
amount by transferring the same to the Joint Savings Bank
Account of appellants. The remaining amount be kept in
fixed deposits in the joint names of appellants in the
following manner:-
(i) Fixed deposit in respect of 10% of the award
amount for a period of one year.
(ii) Fixed deposit in respect of 10% of the award
amount for a period of one and a half years.
(iii) Fixed deposit in respect of 10% of the award
amount for a period of two years.
(iv) Fixed deposit in respect of 10% of the award
amount for a period of two and a half years.
(v) Fixed deposit in respect of 10% of the award
amount for a period of three years.
(vi) Fixed deposit in respect of 10% of the award
amount for a period of three and a half years.
(vii) Fixed deposit in respect of 10% of the award
amount for a period of four years.
(viii) Fixed deposit in respect of 10% of the award
amount for a period of four and a half years.
(ix) Fixed deposit in respect of 10% of the award
amount for a period of five years.
41. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Joint
Savings Account of the appellants.
42. Withdrawal from the aforesaid account shall be
permitted to appellants after due verification and the Bank
shall issue photo Identity Card to the appellants to facilitate
identity.
43. No cheque book be issued to the appellants without the
permission of this Court.
44. 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.
45. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
46. Half yearly statement of account be filed by the Bank in
this Court.
47. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellants.
48. The appellants shall furnish all the relevant documents
for opening of the Saving Bank Account and Fixed Deposit
Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322)
49. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.588/2009
50. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/4 th
towards personal expenses, applying the multiplier of 16,
adding Rs.10,000/- towards love and affection, Rs.50,000/-
towards loss of consortium, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses, the total
compensation is computed to be Rs.8,69,200/-.
51. The award amount is enhanced from Rs.4,86,472/- to
Rs.8,69,200/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
52. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
53. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 15% of the said
amount by transferring the same to the Savings Bank
Account of appellant No.1. The remaining amount be kept in
fixed deposits in the following manner:-
(i) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of one year.
(ii) Fixed deposit in the name of appellant No.5
(mother) in respect of 10% of the award amount
for a period of two years.
(iii) Fixed deposit in the name of appellant No.6
(father) in respect of 10% of the award amount for
a period of three years.
(iv) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of four years.
(v) Fixed deposit in the name of appellant No.2 in
respect of 15% of the award amount till he attains
the age of maturity.
(vi) Fixed deposit in the name of appellant No.3 in
respect of 15% of the award amount till he attains
the age of maturity.
(vii) Fixed deposit in the name of appellant No.4 in
respect of 15% of the award amount till she
attains the age of maturity.
54. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant No.1.
55. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to the appellant No.1 to
facilitate identity.
56. No cheque book be issued to the appellant without the
permission of this Court.
57. 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.
58. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
59. Half yearly statement of account be filed by the Bank in
this Court.
60. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellant No.1.
61. The appellant Nos.1 to 6 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322)
62. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.589/2009
63. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/4 th
towards personal expenses, applying the multiplier of 18,
adding Rs.10,000/- towards love and affection, Rs.50,000/-
towards loss of consortium, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses, the total
compensation is computed to be Rs.9,69,100/-.
64. The award amount is enhanced from Rs.5,29,816/- to
Rs.9,69,100/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
65. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
66. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 20% of the said
amount by transferring the same to the Savings Bank
Account of appellant No.1. The remaining amount be kept in
fixed deposits in the following manner:-
(i) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of one year.
(ii) Fixed deposit in the name of appellant No.4
(mother) in respect of 10% of the award amount
for a period of two years.
(iii) Fixed deposit in the name of appellant No.5
(father) in respect of 10% of the award amount for
a period of three years.
(iv) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of four years.
(v) Fixed deposit in the name of appellant No.2 in
respect of 20% of the award amount till she
attains the age of maturity.
(vi) Fixed deposit in the name of appellant No.3 in
respect of 20% of the award amount till he attains
the age of maturity.
67. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant No.1.
68. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to the appellant No.1 to
facilitate identity.
69. No cheque book be issued to the appellant without the
permission of this Court.
70. 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.
71. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
72. Half yearly statement of account be filed by the Bank in
this Court.
73. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellant No.1.
74. The appellant Nos.1 to 5 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322)
75. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.590/2009
76. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/4 th
towards personal expenses, applying the multiplier of 17,
adding Rs.10,000/- towards love and affection, Rs.50,000/-
towards loss of consortium, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses, the total
compensation is computed to be Rs.9,19,150/-.
77. The award amount is enhanced from Rs.4,89,824/- to
Rs.9,19,150/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
78. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
79. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the said
amount by transferring the same to the Savings Bank
Account of appellant No.1. The remaining amount be kept in
fixed deposits in the following manner:-
(i) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of one year.
(ii) Fixed deposit in the name of appellant No.4
(mother) in respect of 10% of the award amount
for a period of two years.
(iii) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of three years.
(iv) Fixed deposit in the name of appellant No.4
(mother) in respect of 10% of the award amount
for a period of four years.
(v) Fixed deposit in the name of appellant No.2 in
respect of 25% of the award amount till she
attains the age of maturity.
(vi) Fixed deposit in the name of appellant No.3 in
respect of 25% of the award amount till he attains
the age of maturity.
80. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant No.1.
81. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to the appellant No.1 to
facilitate identity.
82. No cheque book be issued to the appellant without the
permission of this Court.
83. 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.
84. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
85. Half yearly statement of account be filed by the Bank in
this Court.
86. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellant No.1.
87. The appellant Nos.1 to 4 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322)
88. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.610/2009
89. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/4th
towards personal expenses, applying the multiplier of 17,
adding Rs.10,000/- towards love and affection, Rs.50,000/-
towards loss of consortium, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses, the total
compensation is computed to be Rs.9,19,150/-.
90. The award amount is enhanced from Rs.4,73,330/- to
Rs.9,19,150/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
91. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
92. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the said
amount by transferring the same to the Savings Bank
Account of appellant No.1. The remaining amount be kept in
fixed deposits in the following manner:-
(i) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of one year.
(ii) Fixed deposit in the name of appellant No.4
(mother) in respect of 10% of the award amount
for a period of two years.
(iii) Fixed deposit in the name of appellant No.1
(widow) in respect of 10% of the award amount
for a period of three years.
(iv) Fixed deposit in the name of appellant No.4
(mother) in respect of 10% of the award amount
for a period of four years.
(v) Fixed deposit in the name of appellant No.2 in
respect of 25% of the award amount till she
attains the age of maturity.
(vi) Fixed deposit in the name of appellant No.3 in
respect of 25% of the award amount till he attains
the age of maturity.
93. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant No.1.
94. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to the appellant No.1 to
facilitate identity.
95. No cheque book be issued to the appellant without the
permission of this Court.
96. 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.
97. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
98. Half yearly statement of account be filed by the Bank in
this Court.
99. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellant No.1.
100. The appellant Nos.1 to 4 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322)
101. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
MAC.APP.No.607/2009
102. Taking the income of the deceased as Rs.3,700/- per
month, adding 50% towards increase in minimum wages,
due to inflation and rise in price index, deducting 1/4th
towards personal expenses, applying the multiplier of 16,
adding Rs.10,000/- towards love and affection, Rs.50,000/-
towards loss of consortium, Rs.5,000/- towards loss of estate
and Rs.5,000/- towards funeral expenses, the total
compensation is computed to be Rs.8,69,200/-.
103. The award amount is enhanced from Rs.4,28,411/- to
Rs.8,69,200/- along with interest @7.5% per annum from the
date of filing of the claim petition till deposit.
104. The enhanced award amount be deposited by the
respondent No.3 with State Bank of India, Tis Hazari Branch
through Mr. H.S. Rawat, Relationship Manager, Tis Hazari
Branch, Tis Hazari (Mb: 09717044322), within 30 days.
105. Upon the enhanced award amount being deposited,
State Bank of India is directed to release 10% of the said
amount by transferring the same to the Savings Bank
Account of appellant No.1. The remaining amount be kept in
fixed deposits in the following manner:-
(i) Fixed deposit in the name of appellant No.1 in
respect of 10% of the award amount for a period
of one year.
(ii) Fixed deposit in the name of appellant No.1 in
respect of 10% of the award amount for a period
of two years.
(iii) Fixed deposit in the name of appellant No.1 in
respect of 10% of the award amount for a period
of three years.
(iv) Fixed deposit in the name of appellant No.2 in
respect of 20% of the award amount till she
attains the age of maturity.
(v) Fixed deposit in the name of appellant No.3 in
respect of 20% of the award amount till he attains
the age of maturity.
(vi) Fixed deposit in the name of appellant No.4 in
respect of 20% of the award amount till she
attains the age of maturity.
106. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellant No.1.
107. Withdrawal from the aforesaid account shall be
permitted to appellant No.1 after due verification and the
Bank shall issue photo Identity Card to the appellant No.1 to
facilitate identity.
108. No cheque book be issued to the appellant without the
permission of this Court.
109. 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.
110. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
111. Half yearly statement of account be filed by the Bank in
this Court.
112. On the request of the appellant, the Bank shall transfer
the Savings Account to any other branch according to the
convenience of the appellant No.1.
113. The appellant Nos.1 to 4 shall furnish all the relevant
documents for opening of the Saving Bank Account and Fixed
Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis
Hazari Branch, Tis Hazari (Mb: 09717044322)
114. Copy of this order be also sent to Mr. H.S. Rawat,
Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb:
09717044322) under the signature of Court Master.
J.R. MIDHA, J
MARCH 23, 2010
HL
