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2010 DIGILAW 391 (DEL)

Balkishan & Ors. v. Ramesh Singh & Ors.

2010-03-08

J.R.MIDHA

body2010
JUDGMENT J.R. Midha, J. 1. The learned Counsel for the appellants submits that appellants No. 1 and 2 have expired during the pendency of this appeal and their rights have devolved upon appellants No. 3 and 4. Appellants No. 3 and 4 are substituted in place of appellants No. 1 and 2. The amended memo of parties is taken on record. 2. Respondent No. 1, the driver of the offending vehicle was working with Delhi Police at the time of the accident. Notice to respondent No. 1 is dispensed with. 3. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,54,000/- has been awarded to them. The appellants seek enhancement of the award amount. 4. The accident dated 12th June, 1987 resulted in the death of Nand Kishore. The deceased was survived by his wife, minor daughter and parents. 5. The deceased was aged 21 years at the time of the accident and was working with International Travellers Requisite Stall, I.G.I. Airport (Palam) drawing a salary of Rs. 1,000/- per month. The learned Tribunal took the income of the deceased to be Rs. 1,000/-, deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 18 to compute the loss of dependency at Rs. 1,44,000/-. The learned Tribunal has awarded Rs. 10,000/- towards loss of expectation of life. The total compensation awarded is Rs. 1,54,000/-. 6. The learned Counsel for the appellants has urged the following grounds at the time of hearing of this appeal: (i) The future prospects be taken into consideration for computation of compensation. (ii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th. (iii) The compensation be awarded for loss of consortium, loss of love and affection, loss of estate and for funeral expenses. 7. In terms of the judgment of Hon'ble Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation 2009 (6) Scale 129, 50% of the salary of the deceased is to be added towards future prospects and 1/4th of the income of the deceased is to be deducted towards his personal expenses as the deceased was less than 40 years of age and has left behind four legal representatives. 8. Following the aforesaid judgment of the Hon'ble Supreme Court, the income of the deceased is taken to be Rs. 8. Following the aforesaid judgment of the Hon'ble Supreme Court, the income of the deceased is taken to be Rs. 1,500 (1000 + 50%) and personal expenses are reduced from 1/3rd to 1/4th . The learned Tribunal has not awarded any compensation for loss of consortium, loss of love and affection, loss of estate and funeral expenses. However, the learned Tribunal has awarded Rs. 10,000/- towards loss of expectation of life. The compensation for loss of expectation of life is treated as compensation for loss of consortium. Rs. 10,000/- has been awarded towards loss of love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses. 9. Taking the income of the deceased to be Rs. 1,500/-, deducting 1/4th towards the personal expenses of the deceased, applying the multiplier of 18, adding Rs. 10,000/- towards the loss of consortium, Rs. 10,000/- towards loss of love and affection, Rs. 10,000/- towards loss of estate and Rs. 5,000/- towards funeral expenses, the total compensation computed to be Rs. 2,78,000/- [(Rs. 1,500 x 3/4 x 12 x 18) + 10,000 + 10,000 + 10,000 + 5,000)]. 10. The appeal is allowed and the award amount is enhanced from Rs. 1,54,000/- to Rs. 2,78,000/-. The learned Tribunal has awarded interest ' 12% per annum which is not disturbed on the original award amount of Rs. 1,54,000/-. 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 date of deposit under Order 21 Rule 1 of the Code of Civil Procedure. 11. The enhanced award amount along with interest be deposited by respondent No. 2 with UCO Bank, Delhi High Court Branch A/c Veena through Mr. M.M. Tandon, Member- Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. 12. Upon the enhanced award amount being deposited, UCO Bank is directed to release 10%of the amount in the name of appellant No. 2 by transferring the same to her Savings Bank Account. The remaining amount be kept in the fixed deposits in the following manner: (i.) Fixed deposit in respect of 10% in the name of appellant No. 2 for a period of 6 months. (ii.) Fixed deposit in respect of 10% in the name of appellant No. 2 for a period of one year. The remaining amount be kept in the fixed deposits in the following manner: (i.) Fixed deposit in respect of 10% in the name of appellant No. 2 for a period of 6 months. (ii.) Fixed deposit in respect of 10% in the name of appellant No. 2 for a period of one year. (iii.) Fixed deposit in respect of 10% in the name of appellant No. 2 for a period of one and a half years. (iv.) Fixed deposit in respect of 10% in the name of appellant No. 1 for a period of two years. (v.) Fixed deposit in respect of 10% in the name of appellant No. 1 for a period of two and a half years. (vi.) Fixed deposit in respect of 10% in the name of appellant No. 1 for a period of three years. (vii.) Fixed deposit in respect of 10% in the name of appellant No. 1 for a period of three and a half years. (viii.) Fixed deposit in respect of 10% in the name of appellant No. 1 for a period of four years. (ix.) Fixed deposit in respect of 10% in the name of appellant No. 1 for a period of four and a half years. 13. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of appellant No. 1. 14. Withdrawal from the aforesaid account 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 Bank shall issue Fixed Deposit Pass Book instead of the FDRs to the appellants and the maturity amount of the FDRs be automatically credited to the Saving Bank Account of the beneficiary at the end of the FDR. 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 appellant No. 1, the Bank shall transfer the Savings Account to any other branch according to the convenience of appellant No. 1. 20. The appellant Nos. 18. Half yearly statement of account be filed by the Bank in this Court. 19. On the request of appellant No. 1, the Bank shall transfer the Savings Account to any other branch according to the convenience of appellant No. 1. 20. The appellant Nos. 1 & 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. 21. Copy of the order be given dasti to counsel for both the parties under the signatures 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 (Mobile No. 09310356400) through the UCO Bank, High Court Branch under the signature of Court Master. 23. Appellant No. 1, Veena is present in Court and she submits that she has fixed the marriage of appellant No. 2 Nisha, but the date has not been fixed. Upon the date of marriage of appellant No. 2 is fixed, the liberty is given to the appellant to seek pre-mature discharge of three FDRs in the name of appellant No. 2. 24. Copy of this order be given 'Dasti' to learned Counsel for both the parties under signature of Court Master.