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Rajasthan High Court · body

2010 DIGILAW 103 (RAJ)

Ajay Kumar Sharma v. Gurbux Singh

2010-01-13

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.4,51,200/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 30th March, 1993 resulted in the death of Poonam Sharma. The deceased was survived by her husband and son who filed the claim petition before the learned Tribunal. 3. The deceased was aged about 28 years at the time of the accident and was working as Assistant Data Entry Operator earning Rs.3,355/- per month. The learned Tribunal deducted 30% towards the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at Rs.4,51,200/-. No compensation has been awarded towards loss of love and affection, loss of consortium, loss of estate and funeral expenses. 4. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:- (i) The multiplier be enhanced from 16 to 17. (ii) The future prospects of the deceased be taken into consideration. (iii) The compensation be awarded for loss of love and affection, loss of estate, loss of consortium and funeral expenses. 5. According to the recent judgment of the Hon’ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation, 2009(6) Scale 129, the appropriate multiplier at the age of 28 years is 17 and 50% has to be added towards the future prospects as the deceased had a permanent job and was aged less than 40 years. 6. Following the aforesaid judgment, the multiplier is enhanced from 16 to 17 and 50% is added towards the future prospects of the deceased. 7. The income of the deceased for computation of compensation is taken to be Rs.5,032.50 per month (Rs.3,355 + 50% of Rs.3,355). Deducting 30% towards personal expenses and applying the multiplier of 17, the loss of dependency is computed to be Rs.7,18,641/-. 8. The learned Tribunal has not awarded any compensation towards loss of love and affection, loss of estate, loss of consortium and funeral expenses. Rs.10,000/- is awarded towards loss of love and affection, Rs.10,000/- towards loss of estate, Rs.10,000/- towards loss of consortium and Rs.5,000/- towards funeral expenses. The total compensation is computed to be Rs.7,53,641/- (Rs.7,18,641 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000). 9. The appeal is allowed and the award amount is enhanced from Rs.4,51,200/- to Rs.7,53,641/-. Rs.10,000/- is awarded towards loss of love and affection, Rs.10,000/- towards loss of estate, Rs.10,000/- towards loss of consortium and Rs.5,000/- towards funeral expenses. The total compensation is computed to be Rs.7,53,641/- (Rs.7,18,641 + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000). 9. The appeal is allowed and the award amount is enhanced from Rs.4,51,200/- to Rs.7,53,641/-. The learned Tribunal has awarded interest @12% per annum which is not disturbed on the original award amount of Rs.4,51,200/-. However, on the enhanced award amount, the rate of interest shall be @7.5% per annum from the date of filing of the petition till realization. 10. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch A/c Ajay Kumar Sharma through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 11. Upon the aforesaid amount being deposited, UCO Bank is directed to keep a sum of Rs.6,00,000/- in fixed deposit in the following manner:- (i) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of six months. (ii) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of one year. (iii) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of one and a half years. (iv) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of two years. (v) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of two and a half years. (vi) Fixed deposit of Rs.50,000/- in the name of appellant No.1 for a period of three years. (vii) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of three and a half years. (viii) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of four years. (ix) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of four and a half years. (x) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of five years. (xi) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of five and a half years. (xii) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of six years. 12. (x) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of five years. (xi) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of five and a half years. (xii) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of six years. 12. The remaining amount be released equally to appellants No.1 and 2 by transferring the said amount to their respective Saving Bank Account. 13. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of appellants No.1 and 2. 14. Withdrawal from the aforesaid accounts shall be permitted to appellants No.1 and 2 after due verification and the Bank shall issue photo Identity Card to appellants No.1 and 2 to facilitate identity. 15. No cheque book be issued to appellants No.1 and 2 without the permission of this Court. 16. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to appellants No.1 and 2 along with the photocopy of the FDRs. 17. The original Fixed Deposit Receipts shall be handed over to the appellants on the expiry of the period of the FDRs. 18. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 19. Half yearly statement of account be filed by the Bank in this Court. 20. On the request of appellants No.1 and 2, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of appellants No.1 and 2. 21. Appellants No.1 and 2 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi. 22. Copy of the order be given dasti to counsel for both the parties under the signatures of the Court Master. 23. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master.