Delhi High Court
Avdhesh Singh & Anr vs Up State Road Transport ... on 22 November, 2017
$~R-543 & 543A
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 22nd November, 2017
+ MAC APPEAL 753/2012 and CM 12191/2012
UP STATE ROAD TRANSPORT
CORPORATION ..... Appellant
Through: None
versus
AVDHESH SINGH & ANR ..... Respondents
Through: Ms. Kavita Tyagi for Mr. Navneet
Goyal, Advocate
+ MAC APPEAL 372/2015
AVDHESH SINGH & ANR ..... Appellants
Through: Ms. Kavita Tyagi for Mr. Navneet
Goyal, Advocate
versus
UP STATE ROAD TRANSPORT
CORPORATION ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT (ORAL)
1. Master Karan @ Situ, a child aged 12 years, was travelling with
his mother in a bus bearing registration no.UP-30A-5822 from Hardoi
in U.P. to Delhi on 02.06.2008, the bus concededly belonging to Uttar
Pradesh State Road Transport Corporation(UPSRTC) driven by its
employee, Saravjit Singh. The driver had lost control over the vehicle
and it ended up hitting against a stationary bus, this resulting in the
child receiving injuries which proved fatal.
2. On accident claim case (MACT 1067/08/10) instituted on
24.07.2008 by his parents (collectively, the claimants), the Motor
Accident Claims Tribunal (Tribunal) held inquiry and, by judgment
dated 01.05.2012 awarded compensation in the sum of Rs.3,75,000/-
directing the UPSRTC to pay with interest at the rate of 9% p.a.
holding the bus driver negligent. The tribunal also added Rs.30,000/-
as counsel fee to the award.
3. The UPSRTC has challenged the judgment by MACA
753/2012, inter alia, contending that its vehicle was not involved in
the accident and that the award is excessive. Per contra, the claimants
have filed cross-objections, which were registered as an appeal
(MACA 372/2015), seeking enhanced compensation.
4. These appeals were clubbed and put in the list of 'Regulars, to
come up on their own turn as per orders dated 23.03.2016. When they
are called out for hearing, there is no appearance on behalf of
UPSRTC. The learned counsel for the claimant has been heard and
with her assistance the record perused.
5. The plea of the UPSRTC about its vehicle not being involved in
the accident cannot be accepted in view of the unchallenged testimony
of Smt. Poonam Singh (PW-2). The case involved death of a child in
a fatal accident and, thus, the compensation has to be determined in
accordance with the principles laid down by this court in MACA
554/2010, Chetan Malhotra Vs. Lala Ram, decided on 13.05.2016.
The accident having occurred during financial year 2008-2009, the
cost inflation index of 582 would apply. On the assumed income of
Rs.15,000/- taken with the help of the Second Schedule to Motor
Vehicles Act, 1988 and with the multiplier of 15, the compensation is
calculated at [Rs.15,000/- x 582/331 x 2/3 x 15 x 2] Rs.5,27,492.44,
rounded off to Rs.5,28,000/- (Rupees Five lakh and twenty eight
thousand only).
6. The compensation is awarded accordingly. It shall carry
interest as levied by the tribunal.
7. There being no justification for inclusion of the counsel's fee,
the directions to that effect in the impugned judgment are set aside.
8. By order dated 20.07.2012 in MACA 753/2012, UPSRTC had
been directed to deposit the entire awarded amount with up-to-date
interest excluding counsel fee with UCO Bank, Delhi High Court
branch and, by subsequent order dated 31.01.2013, fifty percent (50%)
of such amount was permitted to be released to the claimants. Since
the compensation has been enhanced, the Registry shall take steps to
ensure that the balance is also released to the claimants. It is directed
that the entire enhanced portion of the award shall fall to the share of
the second claimant (Poonam Devi) only.
9. The UPSRTC is directed to satisfy the enhanced award as
modified above by requisite deposit with the tribunal within 30 days,
which shall be released to the above mentioned claimant in the form of
an interest bearing fixed deposit receipt taken out from a nationalized
bank for a period of ten years with right to draw periodic interest.
10. The statutory deposit made by UPSRTC shall be refunded upon
proof of award having been satisfied is shown.
11. Both the appeals and the pending application are disposed of in
above terms.
R.K.GAUBA, J.
NOVEMBER 22, 2017
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