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Rajasthan High Court · body

2010 DIGILAW 178 (RAJ)

Naseem Begum v. D. T. C.

2010-01-21

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.93,600/- has been awarded to the appellants. The appellants seek enhancement of the award amount. 2. The accident dated 27th April, 1988 resulted in the death of Rafiq Ahmad. The deceased was survived by his widow and four minor children who filed the claim petition before the learned Tribunal. 3. The deceased was aged 38 years at the time of the accident and was working as Junior Instructor in Delhi Administration earning Rs.1820/- per month. The learned Tribunal deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 13 to compute the loss of dependency at Rs.1,87,200/-. No compensation has been awarded for loss of love and affection, loss of estate, loss of consortium and funeral expenses. The learned Tribunal deducted 50% of the aforesaid amount towards the contributory negligence of the deceased and awarded Rs.93,600/- to the appellant. 4. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:- (i) The future prospects of the deceased be taken into consideration. (ii) The multiplier be enhanced from 13 to 15. (iii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th. (iv) The compensation be awarded for loss of love and affection, loss of estate, loss of consortium and funeral expenses. (v) The deduction towards the contributory negligence be set aside. 5. It is well settled by the recent judgment of the Hon’ble Supreme Court in the case of Sarla Verma vs. Delhi Transport Corporation, 2009(6) Scale 129 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC) that the appropriate multiplier at the age of 38 years is 15, appropriate deduction where the deceased has left behind five legal representatives is 1/4th and the future prospects in respect of the deceased aged less than 40 years are 50% of the salary of the deceased. 6. Following the aforesaid judgment of the Hon’ble Supreme Court, 50% of the salary of the deceased is added towards the future prospects, 1/4th is deducted towards the personal expenses and the multiplier is enhanced from 13 to 15. Rs.10,000/- is awarded for loss of love and affection, Rs.10,000/- for loss of estate, Rs.10,000/- for loss of consortium and Rs.5,000/- for funeral expenses. Rs.10,000/- is awarded for loss of love and affection, Rs.10,000/- for loss of estate, Rs.10,000/- for loss of consortium and Rs.5,000/- for funeral expenses. The total compensa-tion is computed to be Rs.4,03,550/- {[(Rs.1,820 + 50% of Rs.1,820) x 3/4 x 12 x 15] + Rs.10,000 + Rs.10,000 + Rs.10,000 + Rs.5,000}. 7. The learned Tribunal has deducted 50% of the aforesaid amount towards the contributory negligence of the deceased. The DTC bus was standing on the red light and the deceased was getting down from the bus. In the meantime, the light turned green and the bus moved and the deceased fell down from the bus resulting in fatal injuries. The deceased was held to be negligent for getting down from the bus on the red light. However, the contribution of the deceased in the negligence is reduced to 25% as the driver of the bus could have avoided the accident by being careful. The driver of the bus could see any person getting into or getting down from the bus from the mirror. 8. In the facts and circumstances of this case, the negligence of the deceased is taken to be 25% and 25% amount is liable to be deducted from the aforesaid compensation. 9. The appellant is entitled to total compensation of Rs.3,02,662/- (Rs.4,03,550 - 25% of Rs.4,03,550) 10. The appeal is allowed and the award amount is enhanced from Rs.93,600/- to Rs.3,02,662/-. The learned Tribunal has awarded interest @ 10% per annum which is not disturbed on the original award amount of Rs.93,600/-. However, on the enhanced award amount, the rate of interest shall be @7% 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.1 with UCO Bank, Delhi High Court Branch A/c Naseem Begum through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 45 days. 11. Upon the aforesaid deposit being made, the UCO Bank is directed to keep a sum of Rs.4,00,000/- in fixed deposit in the following manner:- (i) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of one year. (ii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of two years. (iii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of three years. (ii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of two years. (iii) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of three years. (iv) Fixed deposit for Rs.50,000/- in the name of appellant No.1 for a period of four years. (v) Fixed deposit for Rs.50,000/- in the name of appellant No.2 for a period of six months. (vi) Fixed deposit for Rs.50,000/- in the name of appellant No.3 for a period of six months. (vii) Fixed deposit for Rs.50,000/- in the name of appellant No.4 for a period of six months. (viii) Fixed deposit for Rs.50,000/- in the name of appellant No.5 for a period of six months. 12. The remaining amount be released to the appellants in equal proportion by transferring the same to their respective Saving Bank Accounts. 13. The interest on the fixed deposits of appellant No.1 shall be paid monthly by automatic credit of interest in the Savings Account of appellant No.1. However, the interest on the fixed deposits of appellants No.2 to 5 shall be cumulative. 14. Withdrawal from the aforesaid account of appellant No.1 shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to appellant No.1 to facilitate identity. 15. No cheque book be issued to appellant No.1 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 the appellants along with the photocopy of the FDRs. 17. The original fixed deposit receipt shall be handed over to the appellants at the end of the fixed deposit period. 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 the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of the appellants. 21. The appellants 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. List for reporting compliance on 16th March, 2010. 23. 21. The appellants 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. List for reporting compliance on 16th March, 2010. 23. Copy of the order be given dasti to counsel for both 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.