Delhi High Court
Pam Parmar vs Col Dewan & Ors. on 23 August, 2016
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23rd August, 2016
+ MAC.APP. 315/2008
PAM PARMAR ..... Appellant
Through: Mr. Riju Raj Jamwal and Mr.
Munazir Hasan, Advocates
versus
COL DEWAN & ORS. ..... Respondents
Through: Mr. Abhishek Kumar Gola, Advocate
for respondent No.3
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The accident dated 02nd July, 2004 resulted in the death of Jitender
Singh Parmar. The deceased was aged 75 years at the time of the accident
and was survived by his widow, daughter and son who filed claim petition
before the Claims Tribunal.
2. The deceased was earning Rs.75,000/- on the investments made by
him. However, since the investments devolved upon the claimants, the
Claims Tribunal held that there was no loss of income and, therefore, the
claimants were not entitled to any compensation towards loss of
dependency. The Claims Tribunal awarded Rs.1 lakh towards loss of love
and affection, loss of consortium and funeral expenses.
3. Learned counsel for the appellant urged at the time of the hearing of
the appeal that the compensation be awarded towards loss of estate. Learned
counsel further submits that the compensation towards loss of love, affection
and consortium be enhanced.
4. This Court agrees with the Claims Tribunal that the appellants are not
entitled to any compensation for loss of dependency. However, the
appellants are entitled to compensation towards loss of estate. Rs.50,000/- is
awarded to the appellants under the head of loss of estate. The Claims
Tribunal has awarded a lump sum award of Rs.1 lakh towards loss of love
and affection, consortium and funeral expenses which warrants
enhancement. Rs.1 lakh is awarded to appellant No.1 towards loss of
consortium. Rs.1 lakh is awarded to the appellants towards loss of love and
affection. The funeral expenses are computed as Rs.25,000/-. The
appellants are entitled to total compensation of Rs.2,75,000/-.
5. The Claims Tribunal has awarded interest @ 7% per annum which is
on a lower side. The Supreme Court has consistently awarded interest @
9% per annum. Reference may be made to Municipal Corporation of Delhi
v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 100. The rate
of interest is enhanced from 7% to 9%.
6. The appeal is allowed and the award amount is enhanced from Rs.1
lakh to Rs.2,75,000/- along with interest @ 9% per annum from the date of
filing of the claim petition upto the date of realisation.
7. Respondent No.3 is directed to deposit the enhanced award amount
along with upto date interest with UCO Bank, Delhi High Court Branch by
means of a cheque drawn in the name of UCO Bank A/c Pam Parmar. Upon
deposit of the aforesaid amount, UCO Bank shall release the award amount
to the appellants, without any restriction of FDR, in the following
proportion:
(i) Mrs. Pam Parmar 60%
(ii) Mr. Shiva Parmar 20%
(iii) Ms. Himani Parmar 20%
8. Respondent No.3 shall file an affidavit along with the proof of deposit
within one week of the deposit. The affidavit shall contain the computation
of the interest. The registry shall verify the computation of interest.
9. Copy of this judgment be given dasti to counsels for the parties under
signatures of the Court Master.
J.R. MIDHA, J.
AUGUST 23, 2016
rsk
