Uttar Pradesh State Road ... vs Rekha & Ors
2016 Latest Caselaw 6014 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Date of Decision: 15th September, 2016

+     MAC.APP. 562/2016 and C.M. Appl. 26652/2016

      UTTAR PRADESH STATE
      ROAD TRANSPORT CORPORATION              ..... Appellant
                  Through: Ms. Garima Prashad and Mr. Shadab
                           Khan, Advocates
                  versus
      REKHA & ORS                             ..... Respondents
                  Through: Mr. Suraj Prakash, Advocate
      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.17,51,320/- has been awarded to the respondents.

2. The accident dated 17th July, 2012 resulted in the death of Vinod. The deceased was working as a Safai Karamchari with MCD earning Rs.18,000/- per month. However, the Claims Tribunal took the minimum wages of Rs.7,020/-, added 50% towards future prospects, deducted 1/4th towards his personal expenses and applied the multiplier of 16 to compute the loss of dependency as Rs.15,16,320/-. The Claims Tribunal awarded Rs.1 lakh towards loss of love and affection, Rs.1 lakh towards loss of consortium, Rs.10,000/- towards loss of estate and Rs.25,000/- towards funeral expenses. The total compensation awarded is Rs.17,51,320/-.

3. Learned counsel for the appellant urged at the time of hearing that the deceased was contributory negligent and, therefore, the compensation is liable to be reduced on the ground of contributory negligence.

4. There is merit in the contention of learned counsel for the appellant. This Court has perused the evidence as well as the site plan of the accident. The compensation awarded to the respondents is reduced by Rs.2 lakh on account of contributory negligence of the deceased.

5. The appeal is partially allowed and the award amount is reduced from Rs.17,51,320/- to Rs.15,51,320/- along with interest @ 9% per annum from the date of filing of claim petition.

6. The appellant has deposited Rs.15 lakh with the Registrar General of this Court in terms of the order dated 10th August, 2016. The balance amount be deposited by the appellant with UCO Bank, Delhi High Court Branch by means of a cheque drawn in the name of UCO Bank A/c Rekha within a period of three weeks from today.

7. The appellant shall file the affidavit of compliance of this judgment within one week of the deposit. The affidavit shall contain the computation of the interest on the award amount upto the date of deposit. The appellant shall send the copy of the affidavit to the respondents.

8. The order of disbursement of the award amount shall be passed on the next date of hearing after examining the respondents, who shall remain present in Court along with particulars of their savings bank accounts.

9. List for directions on 05th October, 2016.

10. C.M. Appl. 26652/2016 is disposed of.

11. The statutory deposit be refunded back to the appellant after the deposit of the balance award amount.

12. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

SEPTEMBER 15, 2016 rsk