Lakhi Ram Solanki (Dr.) and Others vs Onkar Nath and Others

J.R. Midha, J.—The Appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 3,22,000/- has been awarded to the Appellants. The Appellants seek enhancement of the award amount.

The accident dated 14th December, 1994 resulted in the death of Neeraj Gupta. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.

The deceased was aged 24 years at the time of the accident. The deceased was B.Sc, Zoology (Hons.) with post-graduate diploma in Marketing Management. The deceased was working with M/s Bennet Colman & Co. at a monthly salary of Rs. 5,000/- per month. The learned Tribunal took the income of the deceased as Rs. 4,000/- per month, deducted l/3rd towards personal expenses and applied the multiplier of 11 to compute the loss of dependency at Rs. 3,20,000/-. Rs. 2,000/- has been awarded towards funeral expenses. The total compensation awarded is Rs. 3,22,000/-.

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.

(ii) The compensation be awarded for loss of love and affection and loss of estate.

The deceased was earning Rs. 4,000/- per month as per the salary certificate on record of the Claims Tribunal. The Claims Tribunal has not taken the future prospects of the deceased into consideration. The income of the deceased is taken as Rs. 4,000/- per month and 50% is added towards the future prospects in terms of the judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, . The income of the deceased for computation of compensation is taken to be Rs. 6,000/- per month.

The learned Tribunal has deducted l/3rd towards personal expenses of the deceased whereas the appropriate deduction in terms of the judgment of the Hon''ble Supreme Court in the case of Sarla Verma (supra) is 1/2. However, in the peculiar facts of this case, the deduction of l/3rd towards personal expenses of the deceased is not interfered with but this finding shall not be treated as a precedent. Taking the income of the deceased to be Rs. 6,000/- per month, deducting l/3rd towards personal expenses and applying the multiplier of 11, the loss of dependency is computed to be Rs. 5,28,000/- (Rs. 6,000 x 2/3 x 12 x 11).

The Claims Tribunal has not awarded any compensation for loss of love and affection and loss of estate. Rs. 10,000/-is awarded for loss of love and affection and Rs. 10,000/- is awarded towards loss of estate. The compensation for funeral expenses is enhanced from Rs. 2,000/- to Rs. 5,000/-. The Appellants are entitled to total compensation of Rs. 5,53,000/- (Rs. 5,28,000 + Rs. 10,000 + Rs. 10,000 + Rs. 5,000).

The appeal is allowed and the award amount is enhanced from Rs. 3,22,000/- to Rs. 5,53,000/-. The learned Tribunal has awarded interest @ 12% per annum which is not disturbed on the original award amount of Rs. 3,22,000/-. However, on the enhanced award amount, the rate of interest shall be @ 7.5% per annum from the date of filing of the claim petition up to the notice of deposit under Order XXI Rule 1 of the Code of Civil Procedure.

The enhanced award amount alongwith interest be deposited by Respondent No. 3 with UCO Bank A/c Dr. Lakhi Ram Solanki, Delhi High Court Branch through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within a period of 30 days.

Upon the aforesaid deposit being made, UCO Bank is directed to release 10% of the same to the Appellants by transferring the same to their Joint Saving Bank Account.

The remaining amount be kept in fixed deposit in the joint names of the Appellants in the following manner:

(i) Fixed deposit in respect of 10% of the award amount for a period of six months.

(ii) Fixed deposit in respect of 10% of the award amount for a period of one year.

(iii) Fixed deposit in respect of 10% of the award amount for a period of one and a half-years.

(iv) Fixed deposit in respect of 10% of the award amount for a period of two years.

(v) Fixed deposit in respect of 10% of the award amount for a period of two and a half years.

(vi) Fixed deposit in respect of 10% of the award amount for a period of three years.

(vii) Fixed deposit in respect of 10% of the award amount for a period of three and a half years.

(viii) Fixed deposit in respect of 10% of the award amount for a period of four years.

(ix) Fixed deposit in respect of 10% of the award amount for a period of four and a half years.

The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Joint Savings Account of the Appellants.

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.

No cheque book be issued to the Appellants without the permission of this Court.

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.

No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

Half yearly statement of account be filed by the Bank in this Court.

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.

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 (Mobile No. 09310356400).

Copy of the order be given dasti to Counsel for both the parties under signatures of the Court Master.

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.