Delhi High Court
Sheela Devi & Anr. vs Naib Singh & Ors. on 11 May, 2012
Author: J.R. Midha
11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP.91/2005
% Date of decision : 11th May, 2012
SHEELA DEVI & ANR. ..... Appellants
Through : Mr. Manu Luv Shahalia, Adv.
versus
NAIB 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 `2,61,900/-. The appellants
seek enhancement of the award amount.
2. The accident dated 24th January, 2002 resulted in the death
of Vinod Kumar @ Vicky. The deceased was survived by his
parents who filed the claim petition before the Claims Tribunal.
The deceased was aged 21 years at the time of the accident and
was self-employed in the business of manufacturing of photo
album. The appellant pleaded the income of the deceased as
`4,000/- per month. However, the Claims Tribunal took the
minimum wages of `2,600/- per month in respect of the unskilled
worker and added 50% towards the future prospects, deducted
1/2 towards personal expenses and applying the multiplier of 13
to compute the loss of dependency at `3,04,200/-. The Claims
Tribunal awarded `40,000/- towards loss of love and affection and
`5,000/- towards funeral expenses. The total compensation
awarded is `2,61,900/-.
3. The learned counsel for the appellant has made following
submissions at the time of hearing of this appeal:-
(i) The income of the deceased be taken to be `4,000/- per
month and the future prospects of 50% be also added thereon.
(ii) The multiplier be enhanced from 13 to 15.
(iii) The compensation be awarded for loss of estate.
(iv) The rate of interest be enhanced from 6% per annum to 9%
per annum.
4. The deceased was a self-employed in the business of
making photo album. According to the appellants, the deceased
was earning `4,000/- per month. However there is no
documentary proof of income. The minimum wages for a skilled
worker at the relevant time was `3,016/- and, therefore, the
income of the deceased is assumed to be `3,000/- per month.
The deceased was self-employed and in terms of the judgment of
the Supreme Court in Santosh v. National Insurance Co.
Limited. MANU/SC/0322/2012, the appellants are entitled to
future prospects. 50% is added towards the future prospects. The
deceased was aged 21 years at the time of the accident and was
survived by his parents aged 40 and 45 years. Taking the age of
the mother into consideration, the appropriate multiplier
according to the judgment of the Supreme Court in the case of
Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC
121 is 15. The multiplier is, therefore, enhanced from 13 to 15.
The Claims Tribunal has not awarded any compensation for loss
of estate. `10,000/- is awarded for loss of estate.
5. Taking the income of the deceased to be `3,000/- per
month, adding 50% towards the future prospects, deducting 50%
towards his personal expenses and applying the multiplier of 15,
the loss of dependency is computed to be `4,05,000/-. Adding
`40,000/- towards loss of love and affection, `10,000/- towards
loss of estate and `5,000/- towards funeral expenses, the total
compensation computed to be `4,60,000/-.
6. The Claims Tribunal has held the deceased to be
contributory negligent to the extent of 25%. Taking the facts and
circumstances of this case into consideration, the finding of
contributory negligence to the extent of 25% is upheld. The
aforesaid compensation is, therefore, reduced by 25% and the
claimants are entitled to compensation of `3,03,750/-.
7. The Claims Tribunal has awarded interest @6% per annum
which is on a lower side. The Apex Court has awarded interest
@9% per annum in the recent case of MCD v. Association of
Victims of Uphaar Tragedy, AIR 2012 SC 100. Following the
judgment of the Apex Court, the rate of interest is enhanced from
6% per annum to 9% per annum.
8. The appeal is allowed and the award amount is enhanced
from `2,61,900/- to `3,03,750/- 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 by
respondent No.3 with UCO Bank, Delhi High Court Branch by
means of cheque drawn in the name of UCO Bank A/c Sheela.
9. Upon the aforesaid amount being deposited, the UCO Bank
is directed to release 50% of the amount to the appellants by
transferring the same to their Saving Bank Account. The
remaining amount be kept in fixed deposit in the name of the
appellants for a period of two years.
10. The interest on the aforesaid fixed deposits shall be paid
monthly by automatic credit of interest in the respective Savings
Account of the beneficiaries.
11. 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.
12. No cheque book be issued to the beneficiaries without the
permission of this Court.
13. 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 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.
14. No loan, advance or withdrawal shall be allowed on the said
fixed deposit receipts without the permission of this Court.
15. Half yearly statement of account be filed by the Bank in this
Court.
16. On the request of the beneficiaries, Bank shall transfer the
Savings Account to any other branch according to their
convenience.
17. 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).
18. Copy of this judgment be sent to Mr. M.S. Rao, AGM, UCO
Bank, Delhi High Court Branch, New Delhi (Mobile
No.09871129345). Copy of this judgment be sent to respondent
No.3.
J.R. MIDHA, J
MAY 11, 2012
mk
