Delhi High Court
Rajasthan State Road Transport ... vs Yogita & Ors on 3 August, 2018
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03rd August, 2018
+ MAC.APP. 356/2018
RAJASTHAN STATE ROAD TRANSPORT
CORPORATION ISBT KASHMIRI GATE DELHI ..... Appellant
Through: Dr. Ritu Bhardwaj, Advocate
versus
YOGITA & ORS ..... Respondents
Through: Mr. Brijesh Bagga with Mr. Mohit
Ahuja and Mr. Vinay Goel,
Advocates for respondents No.1 to 5
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The appellant has challenged the award of the Claims Tribunal
whereby the compensation of Rs.39,53,000/- has been awarded to the
claimants. The appellant is seeking reduction of the award amount. The
accident dated 25th September, 2015 resulted in the death of Amit
Manchanda. The deceased was aged about 33 years at the time of accident
and was survived by his widow, one minor daughter, one minor son and
parents who claimed compensation.
2. The deceased was working as an Assistant Manager with Asian
Institute of Medical Science and the Claims Tribunal took the income of
deceased as Rs.2,43,775/- per annum, added 50% towards future prospects,
deducted 1/4th towards his personal expenses and applied multiplier of 16 to
compute the loss of dependency as Rs. 43,87,950/-. The Claims Tribunal
awarded Rs.40,000/- towards loss of consortium, Rs. 15,000/- towards loss
of estate and Rs.15,000/-towards funeral expenses. The Claims Tribunal
deducted Rs.5,00,000/- received by the claimants from the insurance
company towards the personal accident insurance cover taken by the
employer of the deceased. The total compensation awarded is
Rs.39,53,000/-.
3. Learned counsel for the appellant urged at the time of hearing that the
deceased was contributory negligent. It is further submitted that the
multiplier be reduced from 16 to 15.
4. With respect to the issue of negligence, the claimants examined the
eye witness, Khem Raj who appeared as PW-2 and deposed that accident
occurred due to rash and negligent driving of the bus driver. The appellant
did not cross examine the PW-2. The appellant did not rebut the evidence of
PW-2. The appellant examined their senior law officer as R1W1 who had no
personal knowledge of the facts of the case. In that view of the matter, there
is no infirmity in the findings of the Claims Tribunal on the issue of
negligence.
5. The Claims Tribunal has applied the multiplier of 16 considering the
age of the deceased as 33 years. There is no infirmity in the multiplier
applied by the Claims Tribunal. The appropriate multiplier at the age of 33
is 16 in Schedule II as corrected by the Supreme Court in Sarla Verma v.
Delhi Transport Corporation, (2009) 6 SCC 121.
6. The compensation awarded by the Claims Tribunal is just, fair and
reasonable and does not warrant any interference. The appeal is dismissed.
7. The respondents No.1, 2 and 5 are present in Court has have produced
the passbooks of respondents No.1 to 5 with the necessary endorsement.
The particulars of the savings bank accounts of respondents No.1 to 5 are as
under:
(i) Respondent No.1, Yogita
Savings Bank A/c No.37409256424 with State Bank of India, Khureji
Khas Branch, Delhi, IFSC Code: SBIN0003398
(ii) Respondent No.2, Nitika Manchanda @ Baby Nitika Manchanda
Savings Bank A/c No.37443841367 with State Bank of India, Khureji
Khas, Delhi Branch, IFSC Code: SBIN0003398
(iii) Respondent No.3, Jagrit Manchanda @Master Jagrit Manchanda
Savings Bank A/c No.37409156236 with State Bank of India, Khureji
Khas, Delhi Branch, IFSC Code: SBIN0003398
(iv) Respondent No.4, Kesar Das Manchanda @ Kesar Dass
Savings Bank A/c No.37442430415 with State Bank of India, Khureji
Khas, Delhi Branch, IFSC Code: SBIN0003398
(v) Respondent No.5, Vineeta Devi @ Vinita Devi Manchanda
Savings Bank A/c No.37442431736 with State Bank of India, Khureji
Khas, Delhi Branch, IFSC Code: SBIN0003398
8. The appellant has deposited Rs.30 lakh with the Registrar General of
this Court in terms of order dated 11th April, 2018. The Registrar General is
directed to disburse the said amount to respondents No.1 to 5 by instructing
UCO Bank, Delhi High Court Branch as under:
(i) Rs.10 lakh be kept in 100 FDRs of Rs.10,000/- each, in the name of
respondent No.1, for the period 1 month to 100 months respectively, with
cumulative interest.
(ii) Rs.10 lakh be kept in 100 FDRs of Rs.10,000/- each, in the name of
respondent No.5, for the period 1 month to 100 months respectively, with
cumulative interest.
(iii) Rs.3 lakh be kept in FDR in the name of respondent No.2 till she
attains the age of majority with cumulative interest. Upon attaining the age
of majority, the interest accrued on the FDR be released to respondent No.2
in her savings bank account near the place of her residence and the principal
amount of Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each, in the
name of respondent No.2 for the period 1 month to 30 months respectively,
with cumulative interest.
(iv) Rs.3 lakh be kept in FDR in the name of respondent No.3 till he
attains the age of majority with cumulative interest. Upon attaining the age
of majority the interest accrued on the FDR be released to respondent No.3
in his savings bank account near the place of his residence and the principal
amount of Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each, in the
name of respondent No.3 for the period 1 month to 30 months respectively,
with cumulative interest.
(v) The balance amount, after keeping Rs.26 lakhs in FDRs, be released
to respondents No.1, 4 and 5 in equal shares by transferring the same to their
aforesaid savings bank accounts.
9. At the time of maturity, the maturity amount of the FDRS shall be
credited in the individual savings bank account of respondents No.1, No.2,
No.3 and No.5.
10. All the original FDRs shall be retained by UCO Bank, Delhi High
Court Branch. However, the statement containing FDR number, amount,
date of maturity and maturity amount shall be furnished to respondents No.1,
No.2, No.3 and No.5.
11. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
12. The appellant is directed to deposit the balance award amount with the
Registrar General of this Court within four weeks.
13. List for reporting compliance and disbursement of the balance award
amount on 12th October, 2018.
14. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
J.R. MIDHA, J.
AUGUST 03, 2018
Pallavi
