Rajesh Kumari @ Rajesh Devi & Ors. vs Jai Prakash & Ors.
2012 Latest Caselaw 2870 Del

R-33
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +     MAC.APP.254-57/2005

%                                  Date of decision: 01st May, 2012

       RAJESH KUMARI @ RAJESH DEVI & ORS.    ..... Appellants
                     Through : Mr. Navneet Goyal, Adv.

                      versus

       JAI PRAKASH & ORS.                   ..... Respondents
                      Through : Mr. A.K. Soni, Adv.

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

                           JUDGMENT (ORAL)

1. The appellants have challenged the award of the Claims

Tribunal whereby compensation of `4,50,600/- has been

awarded to her. The appellant seeks enhancement of the

award amount.

2. The accident dated 17th February, 1995 resulted in the

death of Hari Prasad. The deceased was survived by his widow

and three minor children who filed the claim petition before the

Claims Tribunal. The deceased was aged 32 years at the time

of the accident and was working as a Beldar with CPWD

earning `2,157/- per month. The Claims Tribunal took the

income of the deceased as `3,600/- deducted 1/3rd towards his

personal expenses and applied the multiplier of 15 to compute

the loss of dependency at `4,32,000/-. The Claims Tribunal

awarded `6,000/- towards loss of consortium, `4,000/- towards

funeral expenses and `8,600/- towards expenditure on

treatment. The total compensation awarded was `4,50,600/-.

3. The learned counsel for the appellant has urged following

grounds at the time of hearing of this appeal:-

(i) The deceased expired on 30th December, 1995 and his

income be taken as `2,854/- and the future prospects be added

for computation of compensation.

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

1/3rd to 1/4th.

(iii) The multiplier be enhanced from 15 to 16.

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

affection and loss of estate.

(v) The rate of interest be enhanced from 7% per annum to

9% annum.

4. The deceased expired on 30th December, 1995. As per

Ex.PW5/3, his salary as on 1st January, 1996 would have been

`34,252/- per annum (`2,854/- per month) which has to be

taken into consideration. According to the judgment of the

Supreme Court in the case of Sarla Verma v. Delhi

Transport Corporation, (2009) 6 SCC 121, 50% is to be

added as the deceased was 32 years old, appropriate

deduction towards the personal expenses of the deceased is

1/4th as the deceased has left behind four legal representatives

and the appropriate multiplier at the age of 32 is 16. Following

the aforesaid judgment of the Supreme Court, the income of

the deceased is taken to be `2,854/-, 50% is added towards

future prospects, personal expenses are reduced from 1/3rd to

1/4th and the multiplier is enhanced from 15 to 16. In MCD v.

Association of Victims of Uphaar Tragedy, AIR 2012 SC

200, the Supreme Court has awarded interest @ 9% per

annum. Following the aforesaid judgment, the rate of interest

is enhanced from 7% per annum to 9% per annum. The

appellant are entitled to compensation of `6,55,112/- as per

the break up given hereunder:-

       1.     Income of the deceased             :     `4,281/-
              (`2,854 + 50%)
       2.     Less 1/4th towards personal        :     `1,070/-
              expenses of the deceased
       3.     Total loss of dependency           :     `6,16,512/-
              (Applying the multiplier of 16)
       4.     Compensation towards loss of       :     `6,000/-
              consortium
       5.     Compensation towards funeral       :     `4,000/-
              expenses
       6.     Compensation         towards       :     `8,600/-
              expenditure on treatment.
       7.     Compensation towards loss of       :     `10,000/-
              love and affection
       8.     Compensation towards loss of       :     `10,000/-
              estate
                                         Total   :     `6,55,112/-

5. For the reasons as stated hereinabove, the appeal is

allowed and the award amount is enhanced from `4,50,600/- to

`6,55,112/- along with interest @ 9% per annum from the date

of filing of the petition till realization. The enhanced award

amount along with interest be deposited with UCO Bank, Delhi

High Court Branch by means of cheque drawn in the name of

UCO Bank A/c Rajesh Kumari @ Rajesh Devi. Upon the aforesaid

amount being deposited, the UCO Bank is directed to release

10% of the amount by transferring the same to her Saving Bank

Account. The remaining amount be kept in fixed deposit in the

name of the appellant in the following manner:-

(i) Fixed deposit in respect of 10% for a period of one

year.

(ii) Fixed deposit in respect of 10% for a period of two

years.

(iii) Fixed deposit in respect of 10% for a period of three

years.

(iv) Fixed deposit in respect of 10% for a period of four

years.

(v) Fixed deposit in respect of 10% for a period of five

years.

(vi) Fixed deposit in respect of 10% for a period of six

years.

(vii) Fixed deposit in respect of 10% for a period of seven

years.

(viii) Fixed deposit in respect of 10% for a period of eight

years.

(ix) Fixed deposit in respect of 10% for a period of nine

years.

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

monthly by automatic credit of interest in the respective Savings

Account of the beneficiaries.

7. Withdrawal from the aforesaid account shall be permitted to

the beneficiaries after due verification and the Bank shall issue

photo Identity Card to the beneficiary to facilitate identity.

8. No cheque book be issued to the beneficiaries without the

permission of this Court.

9. 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 beneficiaries 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 beneficiaries.

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

fixed deposit receipts without the permission of this Court.

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

Court.

12. On the request of the beneficiaries, Bank shall transfer the

Savings Account to any other branch according to their

convenience.

13. The beneficiaries 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).

14. 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 MAY 01, 2012 mk