Delhi High Court
Rekha Sharma & Anr. vs Imran Khan & Ors. on 18 May, 2010
Author: J.R. Midha
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.53/2009
Date of Decision:18th May, 2010
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REKHA SHARMA & ANR. ..... Appellants
Through : Mr. O.P. Mainne, Adv.
versus
IMRAN KHAN & ORS. ..... Respondents
Through : Mr. J.P.N. Shahi, Adv. 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 the compensation of Rs.3,95,000/-
has been awarded to them. The appellants seek
enhancement of the award amount.
2. The accident dated 11th September, 2005 resulted in
the death of Yogesh Sharma. The deceased was survived by
his parents who filed the claim petition before the Claims
Tribunal.
3. The deceased was aged 20 years at the time of the
accident. The appellants were aged 44 years and 53 years
at the time of the accident. The deceased was a matriculate
and the Claims Tribunal took the minimum wages of
Rs.3,719/- per month, deducted 1/3rd towards personal
expenses and applied the multiplier of 11 to compute the
loss of dependency at Rs.3,55,000/-. Rs.30,000/- has been
awarded towards loss of love and affection, Rs.5,000/-
towards funeral expenses and Rs.5,000/- towards loss of
estate. The total compensation awarded is Rs.3,95,000/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) Increase in minimum wages due to inflation and
rise in price index be taken into consideration.
(ii) The multiplier be enhanced from 11 to 14.
(iii) The rate of interest be enhanced from 6% per
annum to 7.5% per annum.
5. The learned counsel for respondents No.1 to 3 submits
that the personal expenses of the deceased are liable to be
reduced from 1/3rd to 1/2.
6. According to the judgment of Hon'ble Supreme Court in
the case of Sarla Verma Vs. Delhi Transport
Corporation, 2009 (6) Scale 129, the appropriate
multiplier according to the age of mother (44 years at the
time of the accident), is 14 and the appropriate deduction
towards the personal expenses is 1/2. Following the aforesaid
judgment the multiplier is enhanced from 11 to 14 and the
personal expenses are reduced from 1/3rd to 1/2.
7. The Claims Tribunal has taken the minimum wages, but
has not taken the increase in minimum wages due to
inflation and rise in price index. It is well settled by catena of
judgments of this Court in the cases of Kanwar Devi vs.
Bansal Roadways, 2008 ACJ 2182, National Insurance
Company Limited vs. Renu Devi III (2008) ACC 134 and
UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided
on 28.07.2008 that the Court should take judicial notice of
increase in minimum wages to meet the increase in price
index and inflation rate. This Court has taken the view that
the minimum wages get doubled over the period of 10 years
and increase in minimum wages is not akin to future
prospects. Following the aforesaid judgment, the income of
the deceased is taken as Rs.5,578.50 [(Rs.3,719 +
Rs.7,438)/2].
8. Taking the income of the deceased as Rs.5,578.50 per
month, deducting 1/2 towards the personal expenses and
applying the multiplier of 14, the loss of dependency is
computed to be Rs.4,68,594/- (Rs.5,578.50 x 12 x 14 x 1/2).
Adding Rs.30,000/- towards loss of love and affection,
Rs.5,000/- towards funeral expenses and Rs.5,000/- towards
loss of estate, the total compensation is computed to be
Rs.5,08,594/-.
9. The Claims Tribunal has awarded interest @ 6% per
annum. However, following the judgment of Hon'ble
Supreme Court in the case of Dharampal & Ors. vs. U.P.
State Road Transport Corporation, III 2008 ACC (1) SC,
the rate of interest is enhanced from 6% to 7.5%.
10. The appeal is allowed and the award amount is
enhanced from Rs.3,95,000/- to Rs.5,08,594/- along with
interest @ 7.5% per annum from the date of filing the claim
petition till realization.
11. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c. Rekha
Sharma, Delhi High Court Branch within 30 days through Mr.
M.M. Tandon, Member-Retail Team, UCO Bank Zonal,
Parliament Street, New Delhi (Mobile No. 09310356400).
Upon payment of the said amount, respondent No.3 shall be
entitled to be recovery of enhanced award amount from
respondent Nos.1 and 2.
12. Upon the said amount being deposited, the UCO Bank is
directed to release 10% of the said amount to the appellants
by transferring the same to their joint Savings Bank account.
The remaining amount be kept in the name of the appellants
in fixed deposits in the following manner:-
(i) Fixed deposit in respect of 10% of the amount in
for a period of 6 months.
(ii) Fixed deposit in respect of 10% of the amount for
a period of one year.
(iii) Fixed deposit in respect of 10% of the amount for
a period of one and a half years.
(iv) Fixed deposit in respect of 10% of the amount for
a period of two years.
(v) Fixed deposit in respect of 10% of the amount for
a period of two and a half years.
(vi) Fixed deposit in respect of 10% of the amount for
a period of three years.
(vii) Fixed deposit in respect of 10% of the amount for
a period of three and a half years.
(viii) Fixed deposit in respect of 10% of the amount for
a period of four years.
(ix) Fixed deposit in respect of 10% of the amount for
a period of four and a half years.
13. The interest on the aforesaid fixed deposits shall be
paid monthly by automatic credit of interest in the Joint
Savings Account of the appellants.
14. Withdrawal from the aforesaid account shall be
permitted to the appellants after due verification and the
Bank shall issue photo Identity Card to the appellants to
facilitate identity.
15. No cheque book be issued to the appellants without the
permission of this Court.
16. 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.
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. On the request of the appellants, the Bank shall
transfer the Savings Account to any other branch according
to the convenience of the appellants.
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.
21. Copy of the order be given dasti to counsel for both the
parties under the 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
MAY 18, 2010
HL
