Dtc vs Chanderwati & Ors.
2012 Latest Caselaw 563 Del

R-5/(P-1)
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +    MAC.APP.No.705/2005

%                             Date of decision: 27th January, 2012

      DTC                                            ..... Appellant
                           Through : Ms. Saroj Bidawat, Adv.
                      versus

      CHANDERWATI & ORS.               ..... Respondents
                   Through : Mr. Navneet Goyal, Adv.

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

                           JUDGMENT (ORAL)

MAC.APP.No.705/2005 and CM Nos.11977/2005 & 1196/2006

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of `5,40,000/- has been

awarded to the respondents. The respondents have filed the

cross-objections seeking enhancement of the award amount.

2. The accident dated 27th December, 2000 resulted in the

death of Surinder Kumar. The deceased was crossing the Desh

Bandhu Gupta road when he was hit by DTC bus bearing

No.DHP 2853. The deceased was survived by his widow,

mother and four children who filed the claim petition before

the Claims Tribunal. The deceased was employed earning

`6,000/- per month. The Claims Tribunal deducted 1/3rd

towards personal expenses of the deceased and applied the

multiplier of 11 to compute the loss of dependency at

`5,28,000/-. `4,000/- has been awarded towards funeral

expenses and `8,000/- has been awarded towards loss of

consortium. The total compensation awarded by the Claims

Tribunal is `5,40,000/-.

3. The learned counsel for the appellant submits that the

deceased was not hit by DTC bus bearing No.DHP-2853 but by

a private bus bearing No.DL-1PA 4309 and, therefore, the

finding of the Claims Tribunal holding the DTC liable to pay the

compensation is erroneous. The learned Trial Court has

considered the evidence of both the parties to arrive to a

finding about the accident having caused by the DTC bus.

PW-3 is the eye-witness who deposed that the accident in

question was caused by the DTC bus in question. The Claims

Tribunal also considered FIR - Ex.P-2, charge sheet - Ex.P-3,

and site plan - Ex.P-4, according to which the accident was

caused by the DTC bus. There was material contradiction in

the testimony of the driver and conductor of the DTC bus who

appeared as RW-1 and RW-2 respectively. Applying the test of

preponderance of probabilities, the learned Tribunal held that

the accident in question was caused by the DTC bus. The

Claims Tribunal has discussed the entire evidence on record in

paras 7 to 11 of the impugned award. There is no infirmity in

the findings of the Claims Tribunal.

4. The respondents are seeking enhancement of the award

amount on the following grounds:-

(i) The multiplier be enhanced from 11 to 13;

(ii) The personal expenses of the deceased be reduced from

1/3rd to 1/4th; and

(iii) The compensation be awarded towards loss of love and

affection and loss of estate.

5. The deceased was aged 46 years at the time of the

accident and was survived by six legal representatives.

Following the judgment of the Supreme Court in the case of

Sarla Verma Vs. Delhi Transport Corporation, 2009 (6)

Scale 129, the appropriate multiplier at the age of 46 years is

13 and the appropriate deduction towards personal expenses

is 1/4th. The Claims Tribunal has also erred in not awarding

compensation towards loss of love and affection and loss of

estate. In terms of the judgment of the Supreme Court in the

case of Sarla Verma (Supra), the multiplier is enhanced from

11 to 13 and the personal expenses of the deceased are

reduced from 1/3rd to 1/4th. The loss of dependency is

enhanced from `5,28,000/- to `7,02,000/- (`6,000 x 12 x 13 x

3/4). `10,000/- is awarded towards loss of love and affection

and `10,000/- is awarded towards loss of estate. The

respondents are entitled to total of `7,34,000/- (`7,02,000 +

`8,000 + `4,000 + `10,000 + `10,000). The break-up of

`7,34,000/- is as under:-

Compensation towards loss of : `7,02,000 dependency

Compensation towards loss of : `8,000/- consortium

Compensation towards funeral : `4,000/- expenses

Compensation towards loss of : `10,000/- love and affection

Compensation towards loss of : `10,000/- estate

Total : `7,34,000/-

6. For the reasons as aforesaid, the appeal is dismissed and

the cross-objections are allowed. The compensation awarded

by the Claims Tribunal is enhanced from `5,40,000/- to

`7,34,000/- along with interest @7% per annum from the date

of filing of the petition till realization. The shares of the

appellants in the enhanced award amount shall be equal.

7. The enhanced award amount along with up to date

interest be deposited by the appellant with UCO Bank, Delhi

High Court Branch by means of cheque/demand draft drawn in

the name of UCO Bank A/c Nirmal.

8. Upon the aforesaid amount being deposited, the UCO

Bank is directed to release 1/6th share of respondent No.1 to

her by transferring the same to her Saving Bank Account. The

shares of the remaining respondents be kept in fixed deposit in

the following manner:-

(i) Fixed deposit in the name of respondent No.2 in

respect of her 1/6th share for a period of one year.

(ii) Fixed deposit in the name of respondent No.3 in

respect of her 1/6th share for a period of two years.

(iii) Fixed deposit in the name of respondent No.4 in

respect of her 1/6th share for a period of three

years.

(iv) Fixed deposit in the name of respondent No.5 in

respect of her 1/6th share for a period of four years.

(v) Fixed deposit in the name of respondent No.6 in

respect of his 1/6th share for a period of five years.

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

monthly by automatic credit of interest in the Savings Account

of respondent No.2.

10. Withdrawal from the aforesaid account shall be permitted

to respondent No.2 after due verification and the Bank shall

issue photo Identity Card to the respondents to facilitate

identity.

11. No cheque book be issued to respondent No.2 without

the permission of this Court.

12. The original fixed deposit receipts shall be retained by

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

shall be given to respondent No.2 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.

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

said fixed deposit receipts without the permission of this Court.

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

this Court.

15. On the request of respondent No.2, Bank shall transfer

the Savings Account to any other branch according to the

convenience of respondent No.2.

16. Respondent No.2 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).

17. Copy of the order be given dasti to counsel for both the

parties under the signatures of the Court Master.

18. Copy of this order be also sent to Mr. M.S. Rao, AGM, UCO

Bank, Delhi High Court Branch, New Delhi (Mobile No.

09871129345) under the signature of Court Master.

19. The LCR be sent back forthwith.

J.R. MIDHA, J JANUARY 27, 2012 aj