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2012 DIGILAW 1584 (DEL)

Rajesh Kumari @ Rajesh Devi v. Jai Prakash

2012-05-01

J.R.MIDHA

body2012
Judgment :- 1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.4,50,600/-has been awarded to her. The appellant seeks enhancement of the award amount. 2. The accident dated 17th February, 1995 resulted in the death of Hari Prasad. The deceased was survived by his widow and three minor children who filed the claim petition before the Claims Tribunal. The deceased was aged 32 years at the time of the accident and was working as a Beldar with CPWD earning Rs.2,157/- per month. The Claims Tribunal took the income of the deceased as Rs.3,600/-deducted 1/3rd towards his personal expenses and applied the multiplier of 15 to compute the loss of dependency at Rs.4,32,000/-. The Claims Tribunal awarded Rs.6,000/- towards loss of consortium, Rs.4,000/- towards funeral expenses and Rs.8,600/-towards expenditure on treatment. The total compensation awarded was Rs.4,50,600/-. 3. The learned counsel for the appellant has urged following grounds at the time of hearing of this appeal:- (i) The deceased expired on 30th December, 1995 and his income be taken as Rs.2,854/- and the future prospects be added for computation of compensation. (ii) The personal expenses of the deceased be reduced from 1/3rd to 1/4th. (iii) The multiplier be enhanced from 15 to 16. (iv) The compensation be awarded for loss of love and affection and loss of estate. (v) The rate of interest be enhanced from 7% per annum to 9% annum. 4. The deceased expired on 30th December, 1995. As per Ex.PW5/3, his salary as on 1st January, 1996 would have been Rs.34,252/- per annum (Rs.2,854/- per month) which has to be taken into consideration. According to the judgment of the Supreme Court in the case of Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, 50% is to be added as the deceased was 32 years old, appropriate deduction towards the personal expenses of the deceased is 1/4th as the deceased has left behind four legal representatives and the appropriate multiplier at the age of 32 is 16. Following the aforesaid judgment of the Supreme Court, the income of the deceased is taken to be Rs.2,854/-, 50% is added towards future prospects, personal expenses are reduced from 1/3rd to 1/4th and the multiplier is enhanced from 15 to 16. In MCD v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 200, the Supreme Court has awarded interest @ 9% per annum. In MCD v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 200, the Supreme Court has awarded interest @ 9% per annum. Following the aforesaid judgment, the rate of interest is enhanced from 7% per annum to 9% per annum. The appellant are entitled to compensation of Rs.6,55,112/- as per the break up given hereunder:- (i) Fixed deposit in respect of 10% for a period of one year. (ii) Fixed deposit in respect of 10% for a period of two years. (iii) Fixed deposit in respect of 10% for a period of three years. (iv) Fixed deposit in respect of 10% for a period of four years. (v) Fixed deposit in respect of 10% for a period of five years. (vi) Fixed deposit in respect of 10% for a period of six years. (vii) Fixed deposit in respect of 10% for a period of seven years. (viii) Fixed deposit in respect of 10% for a period of eight years. (ix) Fixed deposit in respect of 10% for a period of nine years. 6. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the respective Savings Account of the beneficiaries. 7. Withdrawal from the aforesaid account shall be permitted to the beneficiaries after due verification and the Bank shall issue photo Identity Card to the beneficiary to facilitate identity. 8. No cheque book be issued to the beneficiaries without the permission of this Court. 9. 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 beneficiaries along with the photocopy of the FDRs. Upon the expiry of the period of each FDR, the Bank shall automatically credit the maturity amount in the Savings Account of the beneficiaries. 10. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court. 11. Half yearly statement of account be filed by the Bank in this Court. 12. On the request of the beneficiaries, Bank shall transfer the Savings Account to any other branch according to their convenience. 13. The beneficiaries shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New Delhi (Mobile No. 09871129345). 14. 12. On the request of the beneficiaries, Bank shall transfer the Savings Account to any other branch according to their convenience. 13. The beneficiaries shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New Delhi (Mobile No. 09871129345). 14. Copy of this judgment be sent to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New Delhi (Mobile No.09871129345).