Delhi High Court
Basanti Lata Mahapatra & Anr vs Gannoji Srinu & Anr on 29 November, 2016
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29th November, 2016
+ MAC.APP. 616/2012
BASANTI LATA MAHAPATRA & ANR ..... Appellants
Through: Mr. Rajesh Dwivedi and Mr.
Zahid Ali, Advs.
versus
GANNOJI SRINU & ANR ..... Respondents
Through: Mr. Amit Kumar Pandey, Adv.
as amicus curiae.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby compensation of Rs.6,17,560/- has been awarded to the
appellants. The appellants seek enhancement of the award amount.
2. The accident dated 29th December, 2007 resulted in the death of
Debashish Das Mahaptara. The deceased was aged 22 years at the
time of the accident and was survived by his parents who filed the
claim petition before the Claims Tribunal. The deceased was B.Tech,
working as a Management Trainee, earning Rs. 8,334/- per month.
3. The Claims Tribunal took minimum wages of Rs.4,230/-, added
50% towards future prospects, deducted 50% towards personal
expenses and applied the multiplier of 14 to compute the loss of
dependency as Rs. 5,32,560/-. The Claims Tribunal awarded
Rs.20,000/- towards loss of love and affection and Rs.20,000/-
towards loss of estate, Rs. 20,000/- towards funeral expenses and
Rs. 25,000/- towards conveyance charges. The total compensation
awarded is Rs.6,17,560/-.
4. Mr. Amit Kumar Pandey, learned amicus curiae appointed by
this Court submits that annual income of the deceased be taken as
Rs.8,334/- instead of the minimum wages. It is further submitted that
the compensation towards loss of love and affection be enhanced from
Rs.20,000/- to Rs.1,00,000/- to each of the two appellants. It is
submitted that compensation for loss of estate be enhanced from
20,000/- to 50,000/-. It is further submitted that the compensation
towards conveyance be enhanced from Rs.25,000/- to Rs.50,000/-
considering that the parents of the deceased travelled from Delhi to
Hyderabad to bring the body and thereafter, took the body to Orissa
for last rites. It is further submitted that the rate of interest be
enhanced from 7.5% to 9%.
5. There is merit in the contentions made by the learned amicus
curiae. Taking the income of deceased a Rs. 8,334/- per month,
deducting 50% towards personal expenses and appling multiplier of
14, loss of dependency is computed as Rs.7,00,056/-. The
compensation towards loss of love and affection is enhanced to
Rs.1,00,000/- to each of the two appellants. The compensation
towards loss of estate is enhanced from 20,000/- to Rs.50,000/-. The
compensation towards conveyance is enhanced from 25,000/- to
Rs.50,000/- in view of the expenses incurred by the appellants to
travel from Delhi to Hyderabad and back and thereafter to Orissa. The
appellants are entitled to total compensation of Rs.10,25,056/- along
with interest @ 9% per annum.
6. The appeal is allowed and the award amount is enhanced from
6,17,560/- to Rs.10,25,056/- along with interest @ 9% per annum.
7. The respondents are directed to deposit the award amount with
UCO Bank, Delhi High Court Branch by means of cheque drawn in
the name of UCO Bank A/c Basanti Lata Mahapatra within a period of
30 days.
8. Upon deposit of the aforesaid amount, UCO Bank, Delhi High
Court Branch shall release 10% amount to the appellants No.1 and 2
in equal shares. The balance amount be kept in fixed deposit in the
names of appellants No.1 and 2 in equal shares in five FDRs of equal
amount for the period of 1 year, 2 years, 3 years, 4 years and 5 years.
9. The monthly interest on the FDRs of appellants No.1 and 2
shall be credited in their individual savings bank accounts.
10. At the time of maturity, the fixed deposit amount shall be
automatically credited in the individual savings bank accounts of the
beneficiaries/ appellants No.1 and 2.
11. All the original FDRs shall be retained by UCO Bank, Delhi
High Court Branch. However, the photocopies of the same shall be
provided to the claimants/ appellants No.1 and 2.
12. No cheque book or debit card be issued to the claimants/
appellants No.1 and 2 without permission of this Court.
13. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
14. The claimants/ appellants No. 1 and 2 shall approach the UCO
Bank for completing the formalities for the disbursement of the award
amount in terms of this order.
15. UCO Bank, Delhi High Court Branch shall ensure that the
savings bank accounts of appellants are individual accounts and not
joint accounts.
16. Copy of this judgment be given dasti to learned counsels for the
parties.
NOVEMBER 29, 2016 J.R. MIDHA, J.
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