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1999 DIGILAW 740 (DEL)

PHULAWATI v. RAVI KHURANA

1999-09-12

MANMOHAN SARIN

body1999
MANMOHAN SARIN, J. (ORAL) ( 1 ) IA. 1186/99 in S. 281/99 This is an application moved by the plaintiffs seeking interim relief. Learned counsel for the plaintiffs, in view of the subsequent developments leading to settlement, do not press this application. ( 2 ) THE application is dismissed as not pressed. las. 8182. 8183. 8184/99 ( 3 ) THESE are applications filed by the applicants/defendants under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint. ( 4 ) LEARNED counsel for the applicants, in view of the settlement having been reached, do not press these applications. ( 5 ) THE applications are dismissed as not pressed. ( 6 ) IAS. 11247. 11248/99. These are applications filed by the Plaintiffs under Order I, Rule 10 of the Code of Civil Procedure for placing on record the amended memo of parties. ( 7 ) THE amended memo of parties, dated 7. 12. 1999 has already been filed and is on record. No further orders are called for on these applications. ( 8 ) THE applications stand disposed of. ( 9 ) IA. 12238/99. This is an application for bringing on record the legal heirs of plaintiffs 3 and 4. Learned counsel for the defendants do not oppose the application. The application is allowed. The amended memo of parties, dated 7. 12. 1999, is already on record. Counsel for the plaintiffs submit that the said amended memo of parties duly reflects ail the legal representatives of the deceased. Application stands disposed of. ( 10 ) LAS. 11/67. 12091/99 These are applications filed by the parties under Order 23, Rule 1 of the Code of Civil Procedure for withdrawal of the suit. Plaintiffs are the legal heirs of the persons who died as also the person who received injuries, in the accident/incident dated 10. 1. 1999. ( 11 ) PLAINTIFFS have filed this suit claiming exemplary damages for the death of the deceased and compensation for the injured plaintiff. Parties have settled their disputes and defendant No. 7, who is the owner of the BMW car has offered to pay compensation of Rs. 10. 0 lacs to the L. Rs, of each of the persons who died and Rs. 5. 0 lacs to plaintiff Manoj Mallick, who sustained injuries in complete settlement of the claim in suit against all the defendants. 10. 0 lacs to the L. Rs, of each of the persons who died and Rs. 5. 0 lacs to plaintiff Manoj Mallick, who sustained injuries in complete settlement of the claim in suit against all the defendants. Plaintiffs have accepted the said offer and agreed to the withdrawl of the suit. Theapplications (IA. Nos. 11767/99and 12091/99) are signed by counsel for the parties and accompanied with affidavits of parties. ( 12 ) LEARNED counsel for the plaintiffs on instructions from parties requested the Court to apportion the amount of compensation offered by defendant No. 7 between the plaintiffs i. e. legal representatives of the deceased with such directions as considered appropriate for its disbursement and protection of the compensation amount to ensure that it is not frittered away and fully utilised for the upkeep of the families of the deceased and for the benefit of the injured. The counsel for the defendants also stated that they have no objection to the above course of action. ( 13 ) UPON consideration of vocation, background and level of education of deceased, the legal heirs left behind by the deceased, their age and dependency, directions are being given to keep substantial amounts in fixed deposits for varying periods so as to ensure that the dependents get regular income by way of interest for their basic sustenance and future needs. Care has been taken to protect part of the corpus of compensation to be available to the minor children upon attaining majority for marriage and higher education and career development. Provision has also been made for certain free amount to be available to meet contingencies and liabilities which may have arisen as of now. In the case of aged parents, some free amount has been left for utilisation and a lesser period of FIR has been given, keeping in view the advanced ages. ( 14 ) THE compensation of Rs. 10 lakhs each for the deceased and Rs. 5 lakhs for injured is directed to be apportioned and disbursed as under: ( 15 ) THERE shall be no encashment of the FDR or any loan/advance given against the same without permission of the Court. Parties in any unforeseen circumstances or emergency may approach the Court for, relief to meet the requirement of funds. 5 lakhs for injured is directed to be apportioned and disbursed as under: ( 15 ) THERE shall be no encashment of the FDR or any loan/advance given against the same without permission of the Court. Parties in any unforeseen circumstances or emergency may approach the Court for, relief to meet the requirement of funds. ( 16 ) THE disposal of the suit pursuant to the settlement reached between the parties shall not be taken as acceptance of any of the averments and contentions of the parties and shall not have any bearing or affect on the criminal proceedings in relation to the incident. ( 17 ) THE suit stands disposed of. A copy of the order be given Dasti to counsel for the parties.