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2010 DIGILAW 226 (RAJ)

Nannu Mal Jain v. Ishwar Singh

2010-01-29

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs.3,00,000/- has been awarded to them. The appellants seek enhancement of the award amount. 2. The accident dated 31st May, 1988 resulted in the death of Manju Jain. The deceased was survived by her husband, three daughters and one son who filed the claim petition before the learned Tribunal. 3. The deceased was aged 35 years at the time of the accident and was working as part time Director with Niti Chit Fund. The deceased was also 50% partner in the business of Bharat Chit Fund Co. The appellants claimed the salary of the deceased to be Rs.33,600/- per annum and business income to be Rs.27,820/- per annum. The learned Tribunal accepted the business income of the deceased to be Rs.27,820/- per annum. However, the salary of the deceased was taken to be Rs.12,000/- per annum on the ground that the salary of the deceased in the years 1985-86, 1986-87 and 1987-88 had been consis-tently Rs.12,000/- per annum. In the Income Tax Return for the year 1988-89 filed after the death of the deceased, the income was shown as Rs.33,600/- which according to the learned Tribunal was inflated to claim the higher compensation. The learned Tribunal, therefore, took the salary income of the deceased to be Rs.12,000/- per annum. Rs.27,820/- per annum was taken as business income and total annual income was taken to be Rs.39,820/- (Rs.12,000 + Rs.27,820) 4. The learned Tribunal deducted 50% of the income of the deceased towards her personal expenses and applied the multiplier of 15 to compute the loss of dependency at Rs.3,00,000/-. No compensation has been awarded for loss of consortium, loss of love and affection, loss of estate and funeral expenses. 5. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:- (i) The salary income of the deceased be enhanced from Rs.12,000/- per annum to Rs.33,600/- per annum. (ii) The future prospects of the deceased be taken into consideration. (iii) The personal expenses of the deceased be reduced to 1/4th. (iv) The multiplier be enhanced from 15 to 16. (v) The compensation be awarded for loss of consortium, loss of love and affection, loss of estate and funeral expenses. 6. (ii) The future prospects of the deceased be taken into consideration. (iii) The personal expenses of the deceased be reduced to 1/4th. (iv) The multiplier be enhanced from 15 to 16. (v) The compensation be awarded for loss of consortium, loss of love and affection, loss of estate and funeral expenses. 6. With respect to the income of the deceased from the salary, it is noted that the deceased was working as part time Director with Niti Chit Fund which was owned by her brother-in-law. In that view of the matter, the learned Tribunal was right in taking the salary during the three previous years prior to the death of the deceased as Rs.12,000/- per annum. The finding of the learned Tribunal in this regard is upheld. However, 50% of the salary has to be added towards future prospects and, therefore, the income of the deceased from the salary is taken to be Rs.18,000/- per annum (Rs.12,000 + 50% of Rs.12,000). Adding Rs.27,820/- towards business income, the total annual income of the deceased for computation of compensation is taken to be Rs.45,820/- (Rs.18,000 + Rs.27,820). 7. 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), has held the appropriate multiplier at the age of 35 years to be 16 and the appropriate deduction where the deceased has left behind five dependents is 1/4th. Following the judgment of the Hon’ble Supreme Court, the multiplier is enhanced from 15 to 16 and the personal expenses of the deceased are reduced to 1/4th. 8. The learned Tribunal has not awarded any compensation for loss of consortium, loss of love and affection, loss of estate and funeral expenses. Rs.10,000/- is awarded towards loss of consortium, Rs.10,000/- towards loss of love and affection, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses. 9. Taking the income of the deceased to be Rs.45,820/- per annum, deducting 1/4th towards personal expenses, applying the multiplier of 16, adding Rs.10,000/- towards loss of consortium, Rs.10,000/- towards loss of love and affection, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.5,79,840/- [(Rs.45,820 x 3/4 x 16) + Rs.10,000 + Rs.10,000 + Rs.5,000 + Rs.5,000]. 10. The appeal is allowed and the award amount is enhanced from Rs.3,00,000/- to Rs.5,79,840/-. 10. The appeal is allowed and the award amount is enhanced from Rs.3,00,000/- to Rs.5,79,840/-. The learned Tribunal has awarded interest @12% per annum which is not disturbed on the original award amount of Rs.3,00,000/-. 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. 11. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch A/c Nannu Mal Jain by means of a cheque 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, the UCO Bank is directed keep a sum of Rs.5,00,000/- in the fixed deposit as per the details given hereunder:- (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.2 for a period of one year. (iv) Fixed deposit for Rs.50,000/- in the name of appellant No.2 for a period of two years. (v) Fixed deposit for Rs.50,000/- in the name of appellant No.3 for a period of one year. (vi) Fixed deposit for Rs.50,000/- in the name of appellant No.3 for a period of two years. (vii) Fixed deposit for Rs.50,000/- in the name of appellant No.4 for a period of one year. (viii) Fixed deposit for Rs.50,000/- in the name of appellant No.4 for a period of two years. (ix) Fixed deposit for Rs.50,000/- in the name of appellant No.5 for a period of one year. (x) Fixed deposit for Rs.50,000/- in the name of appellant No.5 for a period of two years. 13. The remaining amount be released to appellant No.1 by transferring the said amount to his Saving Bank Account. 14. The interest on all the aforesaid fixed deposits shall be paid cumulative. 15. The original fixed deposit receipts shall be retained by the Bank in the safe custody. However, the original Pass Books shall be given to the appellants along with the photocopy of the FDRs. 16. 14. The interest on all the aforesaid fixed deposits shall be paid cumulative. 15. The original fixed deposit receipts shall be retained by the Bank in the safe custody. However, the original Pass Books shall be given to the appellants along with the photocopy of the FDRs. 16. The original fixed deposit receipts shall be handed over to the appellants at the end of the fixed deposit period and the maturity amount be paid by transferring the same to the Saving Bank Account of the appellants. 17. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 18. Half yearly statement of account be filed by the Bank in this Court. 19. On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to their convenience. 20. The appellants shall furnish all the relevant documents for opening of the Saving Bank Accounts and Fixed Deposit Accounts to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi. 21. Copy of the order be given dasti to counsel for both the parties under the signature of the Court Master. 22. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi through the UCO Bank, High Court Branch under the signature of Court Master.