Delhi High Court
Sunita Devi & Ors. vs Ram Niwas & Ors. on 11 May, 2012
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.No.88/2005
% Reserved on : 2nd May, 2012
Date of decision : 11th May, 2012
SUNITA DEVI & ORS. ..... Appellants
Through : Mr. Rajiv Khosla,
Mr. Harshit Jain and
Ms. Pooja Chauhan, Advs.
versus
RAM NIWAS & ORS. ..... Respondents
Through : Mr. Pankaj Seth, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT
1. The appellants have challenged the award of the Claims
Tribunal whereby compensation of `2,87,520/- has been
awarded to them. The appellants seek enhancement of the
award amount.
2. The accident dated 16th October, 1994 resulted in the
death of Vinod Kumar. The deceased was survived by his
widow, minor daughter and father who filed the claim petition
before the Claims Tribunal. The deceased was aged 20 years at
the time of the accident and was doing dairy business as well
as agriculture. It was claimed that the deceased was earning
`14,000/- per month. However, in the absence of any
documentary proof of income, the Claims Tribunal assumed
the income of the deceased as `2,150/- per month, deducted
1/3rd towards the personal expenses of the deceased and
applied the multiplier of 16 to compute the loss of dependency
at `2,75,520/-. The Claims Tribunal has awarded `10,000/-
towards loss of consortium and `2,000/- towards the funeral
expenses. The total compensation awarded is `2,87,520/-.
3. The learned counsel for the appellants has urged
following grounds at the time of hearing of this appeal:-
(i) The income of the deceased be taken as `14,000/- per
month.
(ii) The multiplier be enhanced from 16 to 18.
(iii) The compensation be awarded for loss of love and
affection and loss of estate.
(iv) The rate of interest be enhanced from 7% per annum to
12% per annum.
4. During the pendency of this appeal, the appellants have
filed CM No.8987/2009 under Order XLI Rule 27 of the Code of
Civil Procedure for permission to lead additional evidence with
respect to the income of the deceased from dairy business and
agriculture. Vide order dated 6th July, 2009, the aforesaid
application was allowed and the appellant was permitted to
lead additional evidence in pursuance to which the appellants
examined two witnesses.
5. Ms. Sunita Devi, widow of the deceased appeared as
AW-2 and Sh. Jagbir, neighbour of the deceased appeared in
the witness box as AW-1. Both of them deposed that the
deceased was engaged in dairy business as well as agriculture,
the deceased was maintaining 9 - 10 buffalos, the deceased
used to sell the milk, he used to grow vegetable/grains on the
agricultural land and used to sell the same in the Azadpur
Mandi. AW-1 and AW-2 further deposed that the deceased
used to earn `10,000/- per month from dairy business and
`4,000/- from selling vegetable/grains. AW-2 further deposed
that the deceased was the only earning member in the family
as the deceased used to manage the dairy business as well as
grain.
6. AW-1 and AW-2 have proved the occupation of the
deceased. However, the witnesses have not produced any
documentary evidence of the income. The oral evidence of the
widow and neighbour of the deceased is not sufficient to prove
that the income of the deceased was `14,000/- per month. In
any case, the income from agriculture would have continued
after the death of the deceased and therefore, only the value
of the services of the deceased can be taken into
consideration. Taking the occupation of the deceased into
consideration, the income of the deceased is presumed to be
`4,000/- per month. As per the judgment of Sarla Verma v.
Delhi Transport Corporation, (2009) 6 SCC 121, the
appropriate multiplier at the age of 20 years is 18. The
multiplier is, therefore, enhanced from 16 to 18. `10,000/- is
awarded towards loss of love and affection and `10,000/- is
awarded towards loss of estate. In Municipal Corporation of
Delhi v. Association of Victims of Uphaar Tragedy, AIR
2012 SC 100, 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 is entitled to total compensation of `6,08,000/-
as per the break-up given hereunder:-
1. Income of the deceased : `4,000/-
2. Less 1/3rd towards personal : `2,666/-
expenses of the deceased
3. Total loss of dependency : `5,76,000/-
(Applying the multiplier of 18)
4. Compensation towards loss of : `10,000/-
love and affection
5. Compensation towards loss of : `10,000/-
consortium
6. Compensation towards loss of : `10,000/-
estate
6. Compensation towards : `2,000/-
funeral expenses
Total : `6,08,000/-
7. For the reasons as stated hereinabove, the appeal is
allowed and the award amount is enhanced from `2,87,520/- to
`6,08,000/- along with enhanced interest @ 9% per annum
from the date of filing of the petition till realization in terms of
the judgment of the Supreme Court in Municipal Corporation
of Delhi v. Association of Victims of Uphaar Tragedy
(supra). 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 Sunita Devi.
8. Upon the aforesaid amount being deposited, the UCO
Bank is directed to release 10% to appellant No.1 and 10% to
appellant No.2 by transferring the same to their Saving Bank
Account. The remaining 80% of the amount be kept in fixed
deposit in the following manner:-
(i) Fixed deposit in respect of 10% for a period of one
year in the name of appellant No.1.
(ii) Fixed deposit in respect of 10% for a period of one
year in the name of appellant No.2.
(iii) Fixed deposit in respect of 10% for a period of two
years in the name of appellant No.1.
(iv) Fixed deposit in respect of 10% for a period of three
years in the name of appellant No.2.
(v) Fixed deposit in respect of 10% for a period of four
years in the name of appellant No.1.
(vi) Fixed deposit in respect of 10% for a period of five
years in the name of appellant No.1.
(vii) Fixed deposit in respect of 10% for a period of six
years in the name of appellant No.1.
(viii) Fixed deposit in respect of 10% for a period of
seven years in the name of appellant No.1.
9. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the respective
Savings Account of the beneficiaries.
10. Withdrawal from the aforesaid account shall be permitted
to the beneficiaries after due verification and the Bank shall
issue photo Identity Card to the beneficiaries to facilitate
identity.
11. No cheque book be issued to the beneficiaries 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 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.
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 the beneficiaries, Bank shall transfer
the Savings Account to any other branch according to their
convenience.
16. 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).
17. 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 11, 2012
