Delhi High Court
Smt. Sudershan Devi & Others vs Sh. Sham Kumar & Others on 5 August, 2011
Author: Indermeet Kaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 05.08.2011
+ MAC APPEAL No. 74/2010 & CM No. 2360/2010
SMT. SUDERSHAN DEVI & OTHERS ...........Appellants
Through: Mr.D.V. Goyal, Advocate.
Versus
SH. SHAM KUMAR & OTHERS ..........Respondents
Through: Mr.J.K. Seth, Advocate for
respondent No. 3.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest?
Yes
INDERMEET KAUR, J. (Oral)
1. The Award impugned is the Award dated 04.03.2009 vide
which the learned Tribunal had relied upon the judgment of this
Court reported as United India Insurance Co. Ltd. Vs. Reeta Devi
(which has been circulated by the High Court for compliance by
the Tribunals); in terms of this judgment, the MACT had awarded
compensation on a monthly basis with inflation to follow in the
following years for the claimants. Learned counsel for the
appellant has placed on record the judgment of the Apex Court
reported in Special Leave to Appeal (Civil) No.15796/2009 titled
Reeta Devi & Anr. Vs. United India Insurance Company Ltd. &
Anr. decided on 22.02.2010 whereby the judgment of Reeta Devi
(Supra) has since been set aside. The Supreme Court in that case
had awarded a lump sum payment; concept of monthly
installments had been set aside. In the wake of this order, learned
counsel for the appellant states that his compensation should also
now be recalculated.
2. Counsel for respondent No. 3 in the first instance has
refuted the submissions of learned counsel for the appellants; his
contention being that his liability at a maximum can be fastened at
`5 lacs; this is in view of the fact that this was special contingency
insurance policy with respondent No. 2. Admittedly no cross-
appeal or cross-objections have filed by learned counsel for
respondent No. 3. This submission of learned counsel for
respondent No. 3 thus carries no merit; it cannot be considered.
3. There are certain facts which are not in dispute. The
deceased was 45 years of age; he had admittedly died in a road
accident which had taken place on 14.05.2006. The salary slip of
the deceased shows that he was earning a salary of `10,829/-;
compulsory deduction of tax paid was `572/-; `10/- was the
amount which was being paid for the general fund; deducting this
amount of `582/- from the salary of `10,829/-, the salary figure of
the deceased was `10,247/-. In view of judgment of the 2009 (6)
Scale 129 Sarla Verma & Ors. Vs. Delhi Transport Corporation &
Anr., the multiplier to be awarded in this case was 14. There is
also no dispute that the dependents being 5, deduction was to be
made of 1/4th. Since minimum wages has been taken into account
to compute the salary of the deceased, in view of the catena of
judgments reported in 2008 ACJ 2182 (Delhi) Kanwar Devi Vs.
Bansal Roadways, 2007 ACJ 2165 (Delhi) Lekhraj Vs. Suram Singh
and 2009 ACJ 1921 (Delhi) National Insurance Co. Ltd. Vs. Renu
Devi; the price rise and cost of index inflation has also to be kept
in mind; judicial notice is taken of the fact that in the next 10
years, the minimum wages of the deceased would have doubled.
4. The total figure thus arrived at would read as under:-
TOTAL SALARYTOT `10,829/-
Minus (deductions) `582/-
`10,247/-
Plus 50% ` 5124/-
`15,371/-
Minus 1/4th personal expenses `3,843/-
`11,528X12X14= `19,36,704/-
5. Accordingly a sum of `19,36,704/- is awarded under the
head of 'loss of dependency' in favour of the claimants. This
amount is awarded under the head of pecuniary damages.
6. Learned counsel for the appellants states that non-pecuniary
damages should also be awarded which also have to be taken care
of. Keeping in view the submissions made by learned counsel for
the appellant, a sum of `10,000/- is awarded as loss of estate; the
claimant is the widow of the deceased; loss of consortium is
computed at `10,000/-; funeral expenses is awarded at `20,000/-.
Since there are two children who were minors at the time of
accident of the victim, they have undisputedly suffered loss of love
and affection of their father. Compensation of `20,000/- is
awarded under this head as well. These amounts will carry
interest @ 7.5 % per annum from the date of filing of the petition
till the amount is realized.
7. The shares of the appellants in the award amount shall be
read as under:-
Appellant No.1 (widow) - 60%
Appellants No.2 & 3 (minor children) - 15% each.
Appellant No.4 (father) - 10%
(i) The respondent No.3 is directed to deposit the award
amount with UCO Bank, Delhi High Court Branch within 30
days. The deposit be made by means of an cheque drawn in
the name of UCO Bank A/c Sundershan Devi, Delhi High
Court Branch, New Delhi. Any amount already received by
the appellants is liable to the adjusted against this final
amount.
(ii) Upon the aforesaid amount being deposited, the UCO
Bank is directed to open a Savings account as well as fixed
deposit account in the names of the appellants. UCO Bank is
directed to transfer a sum of Rs.25,000/- in the Saving
account of appellant No.1. The shares of appellants No.2
and 3 be released to them by transfer of the amount to the
Savings Account. The remaining share of appellant No.1 and
the shares of appellants No.2 to 4 kept in fixed deposits for
the following periods:-
(iii) Appellant No.1 - FDR (60% share) minus Rs.25,000/-
for a period of five years.
Appellant No.2 - FDR (10% share) for a period of five years.
Appellant No.3 - FDR (10% share) for a period of five years.
Appellant No. 4- FDR (10%) share for a period of three
years.
(iv) The interest on the first three fixed deposits shall be
paid monthly by automatic credit of interest in the Savings
Account of appellant No.1. However, interest on the deposit
of appellant No. 4 shall be paid in his separate account.
(v) Withdrawal from the aforesaid account shall be
permitted to appellant Nos.1 & 4 after due verification and
the Bank shall issue photo Identity Card to the appellants to
facilitate identity.
(vi) No cheque book be issued to appellant Nos.1 & 4
without the permission of this Court.
(vii) The original Fixed Deposit Receipts shall be retained
by the Bank in the safe custody. However, the original Pass
Books shall be given to appellant Nos.1 & 4 along with the
photocopy of the FDRs.
(viii) The original Fixed Deposit Receipts shall be handed
over to the appellants at the end of the fixed deposit period.
(ix) No loan, advance or withdrawal shall be allowed on
the said Fixed Deposit Receipts without the permission of
this Court. However, the appellants are granted liberty to
approach this Court for withdrawal of amount at the time of
marriage of appellants No.2 to 3.
(x) Half yearly statement of account be filed by the Bank
in this Court.
(xi) On the request of the appellants, the Bank shall
transfer the Savings Account to any other branch of UCO
Bank in Delhi according to the convenience of the claimants.
(xii) The appellants No. 1 & 4 shall furnish all the relevant
documents for opening of the Saving Bank Accounts and
Fixed Deposit Accounts to Mr. M.M. Tandon, Member-Retail
Team, UCO Bank Zonal, Parliament Street, New Delhi.
8. Copy of the order be given dasti to counsel for both the
parties under the signatures of the Court Master.
9. Copy of this order be also sent to Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street, New
Delhi through the UCO Bank, High Court Branch under the
signature of Court Master.
10. Appeal disposed of.
INDERMEET KAUR, J.
AUGUST 05, 2011
a
