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Rajasthan High Court · body

2010 DIGILAW 104 (RAJ)

Balvinder Kaur v. D. T. C.

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.5,75,000/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 10th December, 1986 resulted in the death of Kuldeep Singh. The deceased was survived by his widow, daughter and son who filed the claim petition before the learned Tribunal. 3. The deceased was aged 46 years at the time of the accident and was working as a Wing Commander in Ministry of Defence earning Rs.10,000/- per month. The learned Tribunal deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 7 to compute the loss of dependency at Rs.5,60,000/-. Rs.15,000/- has been awarded for loss of consortium and loss of estate. The total compensation awarded is Rs.5,75,000/-. 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 7 to 13. (ii) The future prospects of the deceased be taken into consideration. (iii) Compensation be awarded for loss of love and affection and funeral expenses. 5. The Hon’ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation, 2009(6) Scale 129 held that the appropriate multiplier at the age of 46 years to be 13 and 30% should be added towards the future prospects in respect of the deceased aged between 40 to 50 years. 6. Following the aforesaid judgment of the Hon’ble Supreme Court, the multiplier is enhanced from 7 to 13 and 30% is added towards the future prospects. 7. The income of the deceased for computation of compensation is taken to be Rs.13,000/- per month (Rs.10,000 + 30% of Rs.10,000). 8. Taking the income of the deceased to be Rs.13,000/- per month, deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier of 13, the loss of dependency is computed to be Rs.13,52,000/- (Rs.13,000 x 12 x 2/3 x 13). 9. The learned Tribunal has awarded Rs.15,000/- towards loss of consortium and loss of estate. However, no compensation has been awarded for loss of love and affection and funeral expenses. Rs.10,000/- is awarded towards loss of love and affection and Rs.5,000/- towards funeral expenses. The total compensation is computed to be Rs.13,82,000/- (Rs.13,52,000 + Rs.15,000 + Rs.10,000 + Rs.5,000). 10. 9. The learned Tribunal has awarded Rs.15,000/- towards loss of consortium and loss of estate. However, no compensation has been awarded for loss of love and affection and funeral expenses. Rs.10,000/- is awarded towards loss of love and affection and Rs.5,000/- towards funeral expenses. The total compensation is computed to be Rs.13,82,000/- (Rs.13,52,000 + Rs.15,000 + Rs.10,000 + Rs.5,000). 10. The appeal is allowed and the award amount is enhanced from Rs.5,75,000/- to Rs.13,82,000/-. The learned Tribunal has awarded interest @12% per annum which is not disturbed on the original award amount of Rs.5,75,000/-. 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. 11. The enhanced award amount along with interest be deposited by respondent No.1 with UCO Bank, Delhi High Court Branch A/c Balvinder Kaur through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 12. Upon the aforesaid amount being deposited, UCO Bank is directed to keep a sum of Rs.19,00,000/- in fixed deposit in the following manner:- (i) Fixed deposit of Rs.9,00,000/- in the name of appellant No.1 for a period of three years. (ii) Fixed deposit of Rs.5,00,000/- in the name of appellant No.2 for a period of three years. (iii) Fixed deposit of Rs.5,00,000/- in the name of appellant No.3 for a period of three years. 13. The remaining amount be released to the appellants in the following proportion:- (i) Appellant No.1 : 50% (ii) Appellant No.2 : 25% (iii) Appellant No.3 : 25% 14. The interest on all the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the respective Savings Accounts of the appellants. 15. Withdrawal from the aforesaid account shall be permitted to the appellants after due verification and the Bank shall issue photo Identity Card to the appellants to facilitate identity. 16. No cheque book be issued to the appellants without the permission of this Court. 17. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the appellants along with the photocopy of the FDRs. 18. The original Fixed Deposit Receipts shall be handed over to the appellants on the expiry of the period of the FDRs. 19. 17. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the appellants along with the photocopy of the FDRs. 18. The original Fixed Deposit Receipts shall be handed over to the appellants on the expiry of the period of the FDRs. 19. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 20. Half yearly statement of account be filed by the Bank in this Court. 21. On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of the appellants. 22. Appellants No.1 to 3 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. 23. Copy of the order be given dasti to counsel for the parties under the signature of the Court Master. 24. 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.