Delhi High Court
The New India Assurance Co Ltd vs Munesh And Others on 25 March, 2010
Author: J.R. Midha
38
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.727/2006
Date of Decision : 25th March, 2010
%
THE NEW INDIA ASSURANCE CO LTD ..... Appellant
Through : Mr. Pankaj Seth, Adv.
versus
MUNESH AND OTHERS ..... Respondents
Through : Mr. Sukhbir Singh and
Mr. Nishant Singh, Advs.
for R-1 to 7.
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.....................(to be numbered)
1. Issue notice.
2. Mr. Pankaj Seth, Advocate accepts notice on behalf of
the appellant.
3. For the reasons stated in the application, the delay in
refiling of cross-objections is condoned. The cross-objections
are taken on record.
4. CM stands disposed of.
MAC.APP. 727/2006 and CM No.5365/2010
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.6,22,200/- has been
awarded to claimants/respondents No.1 to 7.
2. The accident dated 18th June, 2003 resulted in the
death of Bhagwan Dass Upadhyay. The deceased was
survived by his widow, three minor daughters, one minor son
and parents who filed the claim petition before the learned
Tribunal.
3. The deceased was aged 37 years at the time of the
accident and was working with M/s PNC Construction Co.
Ltd., Agra drawing a salary of Rs.3,100/- per month. Vide
promotion letter dated 15th June, 2003, the deceased was
promoted as Technical Supervisor w.e.f. 1st July, 2003 at a
salary of Rs.5,100/- per month. The Claims Tribunal took the
income of the deceased as Rs.3,100/- per month, added 50%
towards future prospects, deducted 1/3rd towards the
personal expenses and applied the multiplier of 16 to
compute the loss of dependency at Rs.5,95,200/-. Rs.2,000/-
has been awarded towards funeral expenses and Rs.25,000/-
towards mental pain and agony. The total compensation
awarded is Rs.6,22,200/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The rash and negligent driving of the offending
vehicle has not been sufficiently proved.
(ii) The future prospects of the deceased should not
have been taken into consideration.
5. The learned counsel for claimants/respondents No.1
to 7 has raised the following grounds at the time of hearing
of this appeal:-
(i) The income of the deceased be taken to be
Rs.5,100/- per month.
(ii) The personal expenses of the deceased should be
taken as 1/5th instead of 1/3rd.
(iii) The compensation be awarded for loss of
consortium, loss of love and affection and loss of
estate.
(iv) The rate of interest be enhanced from 6% per
annum to 7.5% per annum.
6. The learned counsel for the appellant in rejoinder
submits that the multiplier be reduced from 16 to 15 in view
of the judgment of the Hon'ble Supreme Court in the case of
Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)
Scale 129.
7. The deceased was travelling on the pillion of
motorcycle being driven by Constable Avdhesh. The eye-
witness, PW-4 was following the said motorcycle on another
motorcycle being driven by him and Constable Mukesh was
sitting on the pillion of second motorcycle. The motorcycle
on which the deceased was travelling was hit by truck
bearing No.UP-80D-9539. PW-4 is the eye-witness who
appeared in the witness box and deposed that the accident
occurred due to the rash and negligent driving of the
offending truck. The finding of the rash and negligent driving
of the offending truck is based on evidence on record and is
upheld.
8. The deceased was promoted on 15th June, 2003 vide
letter - Ex.PW1/8 as Technical Supervisor at a salary of
Rs.5,100/- per month w.e.f. 1st July, 2003. The income of the
deceased for computation of compensation should have
been taken as Rs.5,100/- per month. The finding of the
Claims Tribunal in taking the income of the deceased as
Rs.3,100/- is set aside and the income of the deceased for
computation of compensation is taken as Rs.5,100/- per
month.
9. The deceased was aged 37 years at the time of the
accident and was survived by seven legal representatives.
According to the judgment of the Hon'ble Supreme Court in
the case of Sarla Verma (supra), 1/5th is deducted towards
the personal expenses of the deceased and the multiplier is
reduced from 16 to 15. Taking the income of the deceased
to be Rs.5,100/- per month, adding 50% towards future
prospects, deducting 1/5th towards personal expenses and
applying the multiplier of 15, the loss of dependency is
computed to be Rs.11,01,600/- [(Rs.5,100 + 50% of
Rs.5,100) x 12 x 4/5 x 15].
10. The Claims Tribunal has not awarded any compensation
for loss of consortium, loss of love and affection and loss of
estate. However, the Claims Tribunal has awarded
Rs.25,000/- towards mental pain and agony which is not a
permissible head. Rs.25,000/- is, therefore, treated as
compensation towards loss of consortium, loss of love and
affection and loss of estate. The claimants are entitled to
total compensation of Rs.11,28,600/- (Rs.11,01,600 +
Rs.25,000 + Rs.2,000).
11. The Claims Tribunal has awarded interest @6% per
annum which is enhanced to Rs.7.5% per annum following
the judgment of the Hon'ble Supreme Court in the case of
Dharampal vs. U.P. State Road Transport Corporation,
III 2008 ACC (1) SC.
12. The appeal is dismissed. The cross-objections are
allowed and the award amount is enhanced from
Rs.6,22,200/- to Rs.11,28,600/- along with interest @7.5%
per annum from the date of filing of the claim petition up to
the date of notice of deposit under Order XXI Rule 1 of the
Code of Civil Procedure.
13. The enhanced award amount along with interest be
deposited by the appellant with UCO Bank A/c Munesh, 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.
14. Upon the aforesaid deposit being made, the UCO Bank
is directed to release 10% of the said amount to respondents
No.1,6 and 7 in equal shares. The remaining amount be kept
in fixed deposit in the following manner:-
(i) Fixed deposit in respect of 10% of the amount in
the name of respondent No.6 for a period of one
year.
(ii) Fixed deposit in respect of 10% of the amount in
the name of respondent No.7 for a period of two
years.
(iii) Fixed deposit in respect of 10% of the amount in
the name of respondent No.1 for a period of three
years.
(iv) Fixed deposit in respect of 10% of the amount in
the name of respondent No.2 for a period of four
years.
(v) Fixed deposit in respect of 10% of the amount in
the name of respondent No.3 for a period of five
years.
(vi) Fixed deposit in respect of 10% of the amount in
the name of respondent No.4 for a period of six
years.
(vii) Fixed deposit in respect of 10% of the amount in
the name of respondent No.5 for a period of seven
years.
(viii) Fixed deposit in respect of 10% of the amount in
the name of respondent No.1 for a period of eight
years.
(ix) Fixed deposit in respect of 10% of the amount in
the name of respondent No.1 for a period of nine
years.
15. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of respondent No.1.
16. 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.
17. No cheque book be issued to respondent No.1 without
the permission of this Court.
18. The Bank shall issue Fixed Deposit Pass Book instead of
the FDRs to respondent 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 FDRs.
19. No loan, advance or withdrawal shall be allowed on the
said fixed deposit receipts without the permission of this
Court.
20. Half yearly statement of account be filed by the Bank in
this Court.
21. On the request of respondent No.1, the Bank shall
transfer the Savings Account to any other branch according
to the convenience of respondent No.1.
22. Respondent Nos.1 to 7 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.
23. The learned counsel for the claimants submit that
respondent No.1 is planning to fix the marriage of
respondent No.2. As and when the marriage of respondent
No.2 is fixed, the liberty is given to the respondents to
approach this Court for pre-mature discharge of the FDR in
the name of respondent No.2.
24. All Pending application stands disposed of.
25. After the deposit of the enhanced award amount by the
appellant, the appellant shall furnish the proof of deposit
with the Registry whereupon the Registry shall refund the
statutory amount of Rs.25,000/- to the appellant through
counsel without any further order of this Court.
26. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
27. 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
mk
