Murari Lal vs Tila Ram @ Dila Ram @ Dhula Ram
2012 Latest Caselaw 2787 Del

3&4
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Reserve on : 12th March, 2012
                               Date of decision : 27th April, 2012

                   +       MAC.APP.NO.360/2006

        MURARI LAL                              ...... Appellant
                           Through : Mr. Navneet Goyal, Adv.

                   versus

        TILA RAM @ DILA RAM @ DHULA RAM ..... Respondents
                       Through : Mr. Kamal Deep, Adv. for R-3

                   +       MAC.APP.NO.362/2006

        LATA SHARMA THR. MURARI LAL      ...... Appellant
                     Through : Mr. Navneet Goyal, Adv.

                   versus

        TILA RAM & ORS.                 ..... Respondents
                      Through : Mr. Kamal Deep, Adv. for R-3.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

                              JUDGMENT

1. The appellant has challenged the common award passed

by the Claims Tribunal whereby the compensation of `4,400/-

has been awarded to the appellant on account of injuries

suffered by him and `50,000/- has been awarded to him

towards the death of his wife in the road accident dated 15th

June, 1983. The appellant seeks enhancement of

compensation.

2. On 15th June, 1983 at about 9:30 am, the appellant,

Murari Lal Sharma was riding on his scooter bearing No.DEN-

672 with his wife, Lata Sharma as a pillion rider when he was

hit by tempo bearing No.DHG-7811 resulting in simple injuries

to the appellant and grievous injuries to his wife. The

appellant remained hospitalized for three days whereas his

wife, Lata Sharma remained hospitalized from 15th June, 1983

to 5th September, 1983. During the hospitalization, a cretch

was put on her head after making holes in the skull and weight

was put on the cretch in order to keep the head, neck and

spinal cord in straight position. She was again hospitalized on

18th September, 1983 to 7th October, 1983 and from 10th

December, 1983 to 4th August, 1984. Lata Sharma got

paralyzed in respect of the four limbs due to fracture of

cervical. She was five months pregnant at the time of the

accident and her pregnancy was terminated due to

quadriplegia suffered by her. She also developed bed sores for

which she underwent plastic surgery. She was operated upon

for urinary infection but did not recover. She was reduced to a

vegetable life and finally died because of the injuries suffered

in the accident on 4th January, 1985.

MAC.APP.No.362/2006

3. The Claims Tribunal awarded `9,000/- towards the cost of

attendant for 18 months @ `500/- per month, `5,000/- towards

the treatment of the wife, `5,000/- towards special diet,

`4,000/- towards conveyance, `2,000/- towards funeral

expenses, `5,000/- towards loss of consortium and `20,000/-

towards compensation for death of his wife to the appellant.

The total compensation awarded is `50,000/- along with

interest @6% per annum.

4. The appellant has urged the following grounds at the

time of hearing of this appeal in respect of the death of Lata

Sharma:-

(i) The compensation be awarded on the basis of the

multiplier method in respect of the death of Lata Sharma.

(ii) The compensation be awarded for loss of love and

affection and loss of estate.

(iii) The compensation for loss of consortium be enhanced.

(iv) The compensation be awarded for the death of foetus.

(v) The rate of interest be enhanced from 6% per annum to

9% per annum.

5. The Claims Tribunal has awarded a sum of `20,000/- as

compensation to the appellant for death of his wife which is

not in accordance with law. The deceased was a housewife

aged 25 years and the appellant is entitled to the

compensation on the basis of the multiplier method.

Considering that this case relates to 1983, the value of the

services of the deceased housewife is taken to be `500/- per

month and applying the multiplier of 18, the compensation on

account of death of Lata Sharma is computed to be

`1,08,000/- (`500 x 12 x 18). `10,000/- is awarded towards

loss of love and affection and `10,000/- is awarded for loss of

estate. The compensation for loss of loss of consortium is

enhanced from `5,000/- to `10,000/-. The deceased was five

months pregnant at the time of the accident. The appellant is

entitled to the compensation for loss of foetus in terms of the

judgment of this Court in Prakash v. Arun Kumar Saini, 167

(2010) DLT 311. Considering that this case relates to the

year 1983, `1,00,000/- is awarded for the loss of foetus.

7. The appellant is entitled to the total compensation of

`8,93,000/- as per the break-up given hereunder:-

(i) Compensation for death of wife : `1,08,000/-

(ii) Compensation for death of foetus : `1,00,000/-

(iii) Compensation for loss of love and : `10,000/-

affection

(iv) Compensation for loss of estate : `10,000/-

(v) Compensation for loss of : `10,000/-

consortium

(vi) Compensation for attendant : `9,000/-

charges

(vii) Compensation for medical : `5,000/-

treatment

(viii) Compensation for special diet : `5,000/-

(ix) Compensation for conveyance : `4,000/-

       (x)    Funeral expenses                       :   `2,000/-
                                           Total     :   `2,65,000/-

8. The Claims Tribunal has awarded interest @6% per

annum whereas the appropriate rate of interest according to

the judgment of the Supreme Court in MCD v. Association of

Victims of Uphaar Tragedy, AIR 2012 SC 200 is 9% per

annum. The rate of interest is, therefore, enhanced from 6%

to 9%.

9. For the reasons as aforesaid, the appeal No.362/2005 is

allowed and the compensation of `50,000/- is enhanced to

`2,65,000/- along with interest @9% per annum from the date

of filing of the claim petition before the Claims Tribunal till

realization.

MAC.APP.No.360/2006

10. With respect to the injuries suffered by the appellant, the

Claims Tribunal awarded `500/- towards medicines, `500/-

towards special diet, `200/- towards conveyance, `2,200/-

towards loss of salary on account of earned leave and `1,000/-

towards pain and suffering. The total compensation awarded

for the injuries is `4,400/- along with interest @6% per annum.

11. The appellant has urged the following grounds for

seeking enhancement of compensation for the injuries suffered

by him:-

(i) The compensation for pain and suffering be enhanced.

(ii) The compensation be awarded for loss of amenities of

life.

(iii) The rate of interest be enhanced from 6% per annum to

9% per annum.

12. The appellant has suffered simple injuries in the accident.

The appellant sustained injuries in his right shoulder. There

was no bony injury. Considering the nature of injuries suffered

and the evidence led by the appellant, the compensation for

pain and suffering is enhanced from `1,000/- to `2,500/- and

`2,500/- is awarded towards loss of amenities of life. The rate

of interest is enhanced from 6% to 9% per annum following the

judgment of the Supreme Court in MCD v. Association of

Victims of Uphaar Tragedy (supra).

13. For the reasons as aforesaid, the appeal No.360/2005 is

allowed and the award amount is enhanced from `4,400/- to

`8,400/- along with interest @9% per annum from the date of

filing of the claim petition before the Claims Tribunal till

realization.

MAC.APP.No.360/2006 and MAC.APP.No.362/2006

14. The enhanced award amount along with interest be

deposited with UCO Bank, Delhi High Court Branch by means

of a cheque drawn in the name of UCO Bank A/c Murari Lal

Sharma within 30 days.

15. Upon the aforesaid amount being deposited, the UCO Bank

is directed to release 20% of the amount by transferring the

same to the Saving Bank Account of the appellant. The remaining

amount be kept in fixed deposit in the name of the appellant in

the following manner:-

(i) Fixed deposit in respect of 20% for a period of one

year.

(ii) Fixed deposit in respect of 20% for a period of two

years.

(iii) Fixed deposit in respect of 20% for a period of three

years.

(iv) Fixed deposit in respect of 20% for a period of four

years.

16. The interest on the aforesaid fixed deposits shall be paid

monthly by automatic credit of interest in the respective Savings

Account of the beneficiary.

17. Withdrawal from the aforesaid account shall be permitted to

the beneficiary after due verification and the Bank shall issue

photo Identity Card to the beneficiary to facilitate identity.

18. No cheque book be issued to the beneficiary without the

permission of this Court.

19. The original fixed deposit receipts shall be retained by the

Bank in the safe custody. However, the original Pass Book shall

be given to the beneficiary along with the photocopy of the FDRs.

Upon the expiry of the period of each FDR, the Bank shall

automatically credit the maturity amount in the Savings Account

of the beneficiary.

20. No loan, advance or withdrawal shall be allowed on the said

fixed deposit receipts without the permission of this Court.

21. Half yearly statement of account be filed by the Bank in this

Court.

22. On the request of the beneficiary, Bank shall transfer the

Savings Account to any other branch according to their

convenience.

23. The beneficiary shall furnish all the relevant documents for

opening of the Saving Bank Account and Fixed Deposit Account

to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New

Delhi (Mobile No. 09871129345).

24. Copy of this judgment be sent to Mr. M.S. Rao, AGM, UCO

Bank, Delhi High Court Branch, New Delhi (Mobile

No.09871129345).

J.R. MIDHA, J APRIL 27, 2012