Delhi High Court
Uttar Pradesh State Road ... vs Mahipal Singh & Anr on 6 July, 2018
$~7 & 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06th July, 2018
+ MAC.APP. 182/2018 & CM APPL. 6275/2018
UTTAR PRADESH STATE ROAD
TRANSPORT CORPORATION ..... Appellant
Through: Mr. Ratneswar Das and Ms. B. Deha
Das, Advs.
versus
MAHIPAL SINGH & ANR ..... Respondents
Through: Mr. Chaman Sharma and Mr. Manoj
Kumar, Advs.
Mr. Pankaj Gupta, Adv. as amicus
curiae.
+ MAC.APP. 415/2018
MAHIPAL SINGH & ANR. ..... Appellants
Through: Mr. Chaman Sharma and Mr. Manoj
Kumar, Advs.
versus
UTTAR PRADESH STATE ROAD
TRANSPORT CORPORATION ..... Respondent
Through: Mr. Ratneswar Das and Ms. B. Deha
Das, Advs.
Mr. Pankaj Gupta, Adv. as amicus
curiae.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The parties have challenged the award of the Claims Tribunal
whereby compensation of Rs.11,86,936/- has been awarded to the claimants.
2. The accident dated 13th November, 2015 resulted in the death of
Omkar Pal @ Rohit. The deceased was aged 19 years at the time of accident
and was survived by his parents who claimed compensation. The deceased
was doing graduation. It was claimed that deceased was also giving tuitions
and was earning Rs.15,000/- per month. In the absence of any proof of
income, the Claims Tribunal took the minimum wages of 11,154/- per
month, deducted 1/2 towards personal expenses and applied multiplier of 14
according to the age of the mother of the deceased to compute the loss of
dependency as Rs.9,36,936/-. The Claims Tribunal awarded Rs.1,50,000/-
towards loss of love and affection, Rs.50,000/- towards funeral expenses and
Rs.50,000/- towards loss of estate. The total compensation of Rs.11,86,936/-
has been awarded.
3. Learned counsel for appellant in MAC.182/2018 urged at the time of
hearing that the deceased was hit by a tempo moving ahead the motorcycle
being driven by the deceased and there was no negligence on the part of the
driver of the bus. It is further submitted that the compensation for loss of
love and affection is no more a permissible head in view of the National
Insurance Co. Limited vs. Pranay Sethi and Ors. 2017 SCC Online SC
1270.
4. Learned counsel for the claimants urged at the time of hearing that
future prospects of 40% be awarded and the multiplier be enhanced from 14
to 18 in terms of the principles laid down in National Insurance Co.
Limited vs. Pranay Sethi and Ors. (supra).
5. With respect to the negligence, the Claims Tribunal has believed the
statement of the eye witness, Vishal who appeared in the witness box as
PW-2. The Claims Tribunal also noted that the driver of the bus has been
prosecuted under Section 279/338/304-A IPC. The Claims Tribunal did not
believe the statement of the bus driver. The relevant discussion is recorded
in para-8.1 of the award. This Court does not find any infirmity in the
finding of negligence of the bus driver by the Claims Tribunal.
6. With respect to the computation of compensation, the claimants are
entitled to future prospects at the rate of 40% and the multiplier of 18 has to
be applied according to the age of the deceased. The loss of love and
affection is no more a permissible head and therefore, the compensation of
Rs.1,50,000/- awarded towards loss of love and affection is set aside. The
compensation towards funeral expenses and loss of estate is reduced to
Rs.15,000/- each.
7. Taking the income of the deceased as Rs.11,154/-, adding 40%
towards future prospects, deducting 50% towards personal expenses and
applying the multiplier of 18, the loss of dependency is computed as
Rs.16,86,484.80. Rs. 15,000/- each is awarded towards loss of estate and
funeral expenses. The claimants are entitled to total compensation of
Rs.17,16,484.80 rounded off to Rs.17,16,500/-.
8. MAC.APP.415/2018 is allowed and the compensation amount is
enhanced from Rs.11,86,963/- to Rs.17,16,500/- along with interest @ 9%
per annum from the date of institution of the claim petition i.e. 23rd January,
2016. MAC.APP.182/2018 is dismissed.
9. The appellant in MAC.APP.182/2018 is directed to deposit enhanced
award amount with the Registrar General of this Court within four weeks.
10. With respect to Rs.12,70,370/- deposited by the appellant in
MAC.APP.182/2018, the Registrar General is directed to disburse the same
to the claimants by instructing UCO Bank, Delhi High Court Branch as
under:-
(i) Rs.10,20,000/- be kept in 120 FDRs of Rs.8,500/- each, for the period
1 month to 120 months respectively, in the name of appellant No.2 with
cumulative interest.
(ii) The balance amount after keeping Rs.10,20,000/- in FDRs, be
released to the claimants, Mahipal Singh and Puran Wati in equal shares by
transferring the same to their following savings bank accounts.
a. Respondent no.1, Mahipal Singh
A/c No.00701010046616 with Axis Bank Ltd., Statesman House, 148,
Barakhamba Road, New Delhi - 110001 (IFSC Code: UTIB0000007).
b. Respondent no.2, Puran Wati
A/c No.225600 0100291875 with Punjab National Bank, Yamuna
Vihar Branch, Delhi (IFSC Code: PUNB0225600).
11. The original FDRs shall remain with UCO Bank, Delhi High Court
Branch. However, the statement containing FDR number, amount, date of
maturity and maturity amount shall be furnished by UCO Bank to the
claimant, Puran Wati.
12. The maturity amounts of the FDRs be released to Puran Wati in her
savings bank account mentioned in Para 10 above.
13. No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
14. The concerned bank of the claimants shall permit them to withdraw
money from their savings bank account by means of a withdrawal form.
15. List for reporting compliance and disbursement of the compensation
amount on 26th September, 2018.
16. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
JULY 06, 2018 J.R.MIDHA, J.
ak
