Delhi High Court
Uttrakhand Transport ... vs Anandi Devi & Ors on 6 May, 2021
$~A-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06th May, 2021
+ MAC.APP. 791/2019 & CM APPL. 41688/2019
UTTRAKHAND
TRANSPORT CORPORATION ..... Appellant
Through: Ms. Garima Prashad, Senior
Advocate with Mr. Shadab Khan,
Advocate.
Versus
ANANDI DEVI & ORS. ..... Respondents
Through: Mr. D.K. Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T (ORAL)
1. The appellant has challenged the award dated 24 th April, 2019
whereby compensation of Rs.36,04,000/- has been awarded to the
respondents.
2. The accident dated 09th June, 2013 resulted in the death of Bhagat
Singh Rawat. The deceased was aged 38 years at the time of accident and
was working as an Assistant Team Leader with Bharti Walmart Pvt. Ltd.
The deceased was survived by his widow, three daughters and mother who
claimed compensation.
3. The Claims Tribunal took the income of the deceased as Rs.18,062/-
per month, added 40% future prospects, deducted 1/4 th towards personal
expenses and applied the multiplier of 15 to compute the loss of dependency
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:21.05.2021
17:51:24
as Rs.34,13,700/-. The Claims Tribunal awarded Rs.1,20,000/- towards loss
of love and affection, Rs.40,000/- towards loss of consortium, Rs. 15,000/-
towards loss of estate and Rs.15,000/- towards funeral expenses. The total
compensation awarded is Rs.36,04,000/- (Rs. 36,03,700/-rounded of).
4. Learned senior counsel for the appellant urged at the time of hearing
that the deceased was contributory negligent and, therefore, the
compensation awarded to the respondents is liable to be reduced on account
of the contributory negligence. It is further submitted that the deceased was
travelling in bus No.UA 07M 7791. When the bus reached Meerut by-pass,
the deceased took his head out of the window seat whereupon his head hit
against a tractor trolley which resulted in fatal injuries. Reference is made to
the FIR which records that the head of the deceased severed on account of
accident which resulted in the death. Reference is also made to the letter
dated 21st June, 2013 in which the widow of the deceased admitted that the
head of the deceased was severed by some unknown vehicle which resulted
in his death.
5. Learned counsel for the respondents/claimants submits that the
deceased was not contributory negligent. Without prejudice, it is submitted
that the Claims Tribunal has taken future prospects of the deceased as 40%
whereas the claimants are entitled to future prospects of 50% of the income
of the deceased for computation of the compensation.
6. This Court is of the view that the deceased was contributory negligent
and, therefore, the compensation amount is liable to be reduced on account
of the contributory negligence of the deceased. With respect to the future
prospects, Claims Tribunal ought to have awarded future prospects as 50%
of the income of the deceased. By reducing the compensation amount
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:21.05.2021
17:51:24
awarded to the respondents on account of the contributory negligence and by
taking into consideration the future prospects @ 50% and the other relevant
facts and circumstances of this case, this Court is of the view that the
compensation of Rs.40,00,000/- including the interest would serve the ends
of justice.
7. Learned senior counsel for the appellant submits that the appellant has
already deposited Rs.36,00,000/- with the Registrar General of this Court
and the balance Rs.4,00,000/- shall be deposited with the Registrar General
of this Court within four weeks.
8. Mr. D.K. Sharma, learned counsel for the respondents submits on
instructions from the respondents that the respondents agree to the
computation of compensation of Rs.40,00,000/- including interest by this
Court in terms of this judgment.
9. The appeal is partially allowed and the compensation awarded by the
Claims Tribunal is reduced to Rs.40,00,000/- including interest.
10. The appellant had already deposited Rs.36,00,000/- with the Registrar
General of this Court, out of which Rs.10,00,000/- was disbursed on 18th
September, 2020 and Rs.10,00,000/- was disbursed on 22nd October, 2020.
11. The respondents have filed the passbooks of their savings bank
accounts with the relevant endorsement. The particulars of savings bank
accounts of respondents No. 1 to 5 are as under:
(i) Anandi Devi (Respondent No. 1)
A/c No.91882010021438
Syndicate Bank, Sadh Nagar, Palam Colony, Delhi
IFSC Code: SYNB0009188
(ii) Namita Rawat (Respondent No.2)
A/c No.31973613034
State Bank of India, Mahavir Enclave,
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:21.05.2021
17:51:24
Palam New Delhi
IFSC Code: SBIN0011564
(iii) Ranjeeta Rawat (Respondent No.3)
A/c No.31973625812
State Bank of India, Mahavir Enclave,
Palam New Delhi
IFSC Code: SBIN0011564
(iv) Sandhya Rawat (Respondent No.4)
A/c No.33127975550
State Bank of India, Mahavir Enclave,
Palam New Delhi
IFSC Code: SBIN0011564
(v) Sushila Devi (Respondent No.5)
A/c No.2871000100062085
Punjab National Bank, Chailusain, Uttarakhand
IFSC Code: PUNB0287100
12. The Registrar General is directed to disburse the balance
Rs.16,00,000/- along with accrued interest to the respondents in the
following manner :-
(i) Rs.3,00,000/- be kept in FDR in the name of respondent No.3
Ranjeeta Rawat till she attains majority with cumulative
interest. Upon attaining majority, the bank shall transfer the
interest to the aforesaid savings bank account of respondent
No.3 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.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:21.05.2021
17:51:24
(ii) Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each in the
name of respondent No.2 Namita Rawat for the period 1 month
to 30 months respectively with cumulative interest.
(iii) Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each in the
name of respondent No.4 Sandhya Rawat for the period 1
month to 30 months respectively with cumulative interest.
(iv) Rs.7,00,000/- be kept in 70 FDRs of Rs.10,000/- each in the
name of respondent No.1, Anandi Devi for the period 1 month
to 70 months respectively with cumulative interest.
(v) The accrued interest, if any, be transferred to the savings bank
account of respondent No.1 mentioned in para 11 above.
(vi) All 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 to respondents.
(vii) The maturity amounts of the aforesaid FDRs be released to the
respondents, by transferring the same to their savings bank
account as mentioned order dated 22nd October, 2020.
(viii) No loan or advance or pre-mature discharge shall be permitted
without the permission of this Court.
(ix) State Bank of India, Mahavir Enclave, Palam, New Delhi and
Punjab National Bank, Chailusain Branch, Uttarakhand shall
permit the respondents to withdraw money from their savings
bank accounts by means of a withdrawal form.
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:21.05.2021
17:51:24
13. The appellant is directed to transfer Rs.4,00,000/- to savings bank
account of respondent No.1 with Syndicate Bank, Sadh Nagar, Palam
Colony, Delhi within four weeks.
14. List for reporting compliance on 05th July, 2021.
15. Copy of this judgment be sent to UCO Bank, Delhi High Court
Branch; and Punjab National Bank, Chailusain Branch, Uttarakhand for
compliance.
J.R. MIDHA, J.
MAY 06, 2021
ak
Digitally Signed
By:RAJENDER SINGH
KARKI
Signing Date:21.05.2021
17:51:24
