Delhi High Court
Nisha Sharma & Ors. vs Deo Nath Mishra & Ors. on 25 March, 2010
Author: J.R. Midha
26
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.627/2006
Date of Decision: 25th March, 2010
%
NISHA SHARMA & ORS. ..... Appellants
Through : Mr. O.P. Mannie, Adv.
versus
DEO NATH MISHRA & ORS. ..... Respondents
Through : Mr. Pankaj Seth, 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)
1. The appellants have challenged the award of the
learned Tribunal whereby compensation of Rs.12,97,000/-
has been awarded to the appellants. The appellants seek
enhancement of the award amount.
2. The accident dated 11th February, 2005 resulted in the
death of Shyam Rattan. The deceased was survived by his
widow, three sons and mother who filed the claim petition
before the learned Tribunal.
3. The deceased was aged 39 years and 7 months at the
time of the accident and was working as a Constable in Delhi
Police drawing a salary of Rs.10,904/- per month. The
learned Tribunal deducted Rs.4,360/- towards GPF, CGEGIS,
DPWS and Education Fund, added 50% towards future
prospects, deducted 1/3rd towards personal expenses of the
deceased and applied the multiplier of 16 to compute the
loss of dependency at Rs.12,56,544/-. Rs.15,000/- has been
awarded towards loss of consortium, Rs.15,000/- towards
loss of love and affection and Rs.10,000/- towards funeral
expenses. The total compensation awarded is
Rs.12,97,000/-.
4. The learned counsel for the appellants have urged the
following grounds at the time of hearing of this appeal:-
(i) The deduction of Rs.4,360/- towards GPF, CGEGIS,
DPWS and Education Fund be set aside.
(ii) The personal expenses of the deceased be
reduced from 1/3rd to 1/4th.
(iii) The compensation be awarded for loss of estate.
5. The learned counsel for respondent No.3 in reply
submits that the appropriate multiplier at the age of 39 years
and 7 months is 15 according to the judgment of the Hon'ble
Supreme Court in the case of Sarla Verma Vs. Delhi
Transport Corporation, 2009 (6) Scale 129 and,
therefore, the multiplier be reduced.
6. The Claims Tribunal has deducted Rs.4,360/- towards
GPF, CGEGIS, DPWS and Education Fund. The income of the
deceased as per the salary slip - Ex.PW1/A is Rs.10,904/- as
per break-up given hereunder:-
Dues Deductions Recoveries
Basic Pay 4400 GPF Contri. 4000 D.P.W.S. 150
Dearness 2200 C.G.E.G.I.S. 30 Edn. 180
Pay Fund
Pay
Allow.
Allow.
H.R.A.
Allow.
Money
Allow.
Net 6544
Payable
7. Out of the said amount, only transport allowance of
Rs.100/-, washing allowance of Rs.20/-, Metro. P. allowance
of Rs.60/-, CGEGIS of Rs.30/-, DPWS of Rs.150/- and
conveyance allowance of Rs.30/- are deductable. The Claims
Tribunal erred in deducting the GPF and Education Fund
which forms part of the salary of the deceased. After making
the aforesaid deductions, the income of the deceased for
computation of compensation is computed to be Rs.10,514/-.
8. The deceased was aged 39 years and 7 months at the
time of the accident and was survived by five legal
representatives. According to the judgment of the Hon'ble
Supreme Court in the case of Sarla Verma (supra), 50% has
to be added towards future prospects, 1/4th has to be
deducted towards personal expenses and the multiplier of 15
is applicable. Following the aforesaid judgment, the personal
expenses of the deceased are reduced from 1/3rd to 1/4th and
the multiplier is reduced from 16 to 15. Taking the income of
the deceased as Rs.10,514/- per month, adding 50% towards
future prospects, deducting 1/4th towards personal expenses
and applying the multiplier of 15, the loss of dependency is
computed to be Rs.21,29,085/- [(Rs.10,514 + 50% of
Rs.10,514) x 3/4 x 12 x 15].
9. The Claims Tribunal has not awarded any compensation
for loss of estate. Rs.10,000/- is awarded towards loss of
estate. The claimants are entitled to total compensation of
Rs.21,79,085/- (Rs.21,29,085 + Rs.15,000 + Rs.15,000 +
Rs.10,000 + Rs.10,000).
10. The learned counsel for respondent No.3 submits that
appellant No.1 has got job in Delhi Police on compassionate
ground and, therefore, the award amount is liable to be
reduced. Appellant No.1 is getting the salary for rendering
services to Delhi Police and is not getting any amount free of
cost sitting at home and, therefore, no deduction is
permissible on this ground.
11. The appeal is allowed and the award amount is
enhanced from Rs.12,97,000/- to Rs.21,79,085/-. The
learned Tribunal has awarded interest @ 8% per annum
which is not disturbed on the original award amount of
Rs.12,97,000/-. However, on the enhanced award amount,
the rate of interest shall be @7.5% per annum from the date
of filing of the petition up to the date of notice of deposit
under Order XXI Rule 1 of the Code of Civil Procedure.
12. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Nisha
Sharma, 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.
13. Upon the aforesaid deposit being made, UCO Bank is
directed to release 10% of the same equally to appellants
No.1 and 2 by transferring the same to their respective
Saving Bank Account. The remaining amount be kept in fixed
deposit in the following manner:-
(i) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.1 for a
period of one year.
(ii) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.2 for a
period of two years.
(iii) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.3 for a
period of three years.
(iv) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.4 for a
period of four years.
(v) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.5 for a
period of five years.
(vi) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.1 for a
period of six years.
(vii) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.3 for a
period of seven years.
(viii) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.4 for a
period of eight years.
(ix) Fixed deposit in respect of 10% of the award
amount in the name of appellants No.5 for a
period of nine years.
14. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of the appellants No.1 to 5.
15. Withdrawal from the aforesaid account shall be
permitted to appellants No.1 to 5 after due verification and
the Bank shall issue photo Identity Card to appellants No.1
to 5 to facilitate identity.
16. No cheque book be issued to appellants No.1 to 5
without the permission of this Court.
17. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to appellants No.1 to 5 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 appellants No.1 to 5, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank according to the convenience of appellants No.1 to 5.
21. 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).
22. List for reporting compliance on 10th May, 2010.
23. Copy of the order be given dasti to counsel for both the
parties under signatures of the Court Master.
24. 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 25, 2010
aj
