Delhi High Court
Gauri Kapoor & Anr. vs Hukam Singh & Ors. on 2 May, 2012
Author: J.R. Midha
R-38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.312-14/2005
% Date of decision: 2nd May, 2012
GAURI KAPOOR & ANR. ..... Appellants
Through : Mr. Diwan Singh Chauhan,
Adv.
versus
HUKAM SINGH & ORS. ..... Respondents
Through : None.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellants have challenged the award of the Claims
Tribunal whereby compensation of `4,69,800/- has been
awarded to the appellants. The appellants seek enhancement
of the award amount.
2. The accident dated 16th May, 1998 resulted in the death
of Vinay Kapoor. The deceased was survived by his widow,
mother and son. The deceased was aged 46 years at the time
of the accident and was working as an Account Assistant
earning `4,000/- per month. The Claims Tribunal took the
minimum wages of `2,800/- per month into consideration,
added 50% towards inflation, deducted 1/3rd towards the
personal expenses and applied the multiplier of 13 to compute
the loss of dependency at `4,36,800/-. The Claims Tribunal has
awarded `10,000/- towards loss of consortium, `10,000/-
towards loss of love and affection, `10,000/- towards loss of
expectancy of life and `3,000/- towards the funeral expenses.
The total compensation awarded is `4,69,800/-.
3. The learned counsel for the appellants has urged at the
time of hearing of this appeal that the income of the deceased
be taken as `4,000/- per month and 30% be added towards the
future prospects in terms of the judgment of the Supreme
Court in Sarla Verma Vs. Delhi Transport Corporation,
2009 (6) Scale 129. It is submitted that the income of the
deceased was proved by the testimony of PW-1 as well as
PW-5.
4. The wife of the deceased appeared in the witness box
before the Claims Tribunal as PW-1 and deposed that her
husband was working with S.S. Industries drawing a salary of
`4,000/- per month. She proved the salary certificate issued by
the employer as Ex.PW1/27. The manager of S.S. Industries
appeared in the witness box before the Claims Tribunal as
PW-5 and deposed that the deceased was working as an
Account Assistant. PW-5 produced the computerized record of
the salary register before the Claims Tribunal. The attested
copy of the salary ledger for the period from 4th May, 1998 to
4th July, 1998 was proved as Ex.PW5/A. There are two entries
relating to the deceased in Ex.PW5/A. The first entry is dated
4th May, 1998 relating to the payment of `4,000/- to the
deceased vide cheque no.553865 and the second entry is
dated 8th June, 1998 relating to the payment of `2,000/- to the
deceased vide cheque No.553929. It is submitted that the first
entry relates to the payment of salary for the month of April,
1998 whereas the second entry relates to the salary of 15 days
for the month of May, 1998. The Claims Tribunal disregarded
the testimony of PW-5 on the ground that the witness did not
produce the appointment letter of the deceased and the word
"salary" has not been mentioned on Ex.PW5/A. However,
Ex.PW5/A clearly mentions "SALARIES" on the top of the page.
The Claims Tribunal appears to have overlooked the same.
From the testimony of PW-5 and the documents Ex.PW1/27
and Ex.PW5/A, it appears that the deceased was employed at a
salary of `4,000/- per month. The income of the deceased is
taken to be `4,000/- per month. The deceased was aged 46
years at the time of the accident and following the judgment of
the Supreme Court in Sarla Verma (Supra), 30% is added
towards the future prospects of the deceased and the income
of the deceased for computation of compensation is taken to
be `5,200/- (`4,000 + 30% of `4,000). Deducting 1/3rd towards
the personal expenses and applying the multiplier of 13, the
loss of dependency is computed to be `5,40,800/-. Adding
`10,000/- towards loss of consortium, `10,000/- towards loss of
love and affection, `10,000/- towards loss of expectancy of life
and `3,000/- towards the funeral expenses, the total
compensation computed to be `5,73,800/-.
5. The appeal is allowed and the award amount is enhanced
from `4,69,800/- to `5,73,800/- along with interest @ 9% per
annum from the date of filing of the claim petition till
realization. The enhanced award amount along with interest
be deposited by respondent No.3 with UCO Bank, Delhi High
Court Branch by means of cheque drawn in the name of UCO
Bank A/c Gauri Kapoor. Upon the aforesaid amount being
deposited, the UCO Bank is directed to release `35,000/- each
to the three appellants by transferring the same to their Saving
Bank Account. The remaining amount be kept in fixed deposit
in the name of appellant No.1 for two years.
6. The interest on the aforesaid fixed deposit shall be paid
monthly by automatic credit of interest in the respective
Savings Account of the beneficiary.
7. 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.
8. No cheque book be issued to the beneficiary without the
permission of this Court.
9. The original fixed deposit receipt 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.
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 beneficiary, Bank shall transfer the
Savings Account to any other branch according to their
convenience.
13. 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).
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 02, 2012
mk
