Sudesh Kumari and Others vs Rajinder Kumar and Others

J.R. Midha, J.—The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 7,46,428/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

The accident dated 25th February, 1998 resulted in the death of Jai Parkash aged 28 years. The deceased was survived by his widow, two sons, a daughter and mother who filed the claim petition before the learned Tribunal.

The deceased was working as a Constable with Delhi Police earning Rs. 5,225/- per month (Rs. 55,740/- per annum). The learned Tribunal took the income of the deceased for computation of compensation by taking the average of Rs. 55,740/- and Rs. 62,000/- which comes to Rs. 58,870/-. The learned Tribunal deducted 1/3rd towards the personal expenses of the deceased and applied the multiplier of 18 to compute the loss of dependency at Rs. 7,06,428/-. Rs. 10,000/- has been awarded towards loss of consortium, Rs. 10,000/- towards loss of love and affection, Rs. 10,000/- towards expectancy of life and Rs. 10,000/- towards funeral expenses. The total compensation awarded is Rs. 7,46,428/-.

The learned Counsel for the appellant has urged the following grounds at the time of hearing of this appeal:

(i) The future prospects of the deceased be taken into consideration by adding 50% of his salary.

(ii) The personal expenses of the deceased be taken to be 1/4th instead of 1/3rd.

According to the judgment of the Hon''ble Supreme Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the future prospects have to be taken into consideration by adding 50% of the salary of the deceased and 1/4th of the income has to be deducted towards personal expenses in respect of the deceased leaving behind more than three legal representatives. The deceased was aged 28 years and had a permanent job with Delhi Police as Constable. The deceased was earning Rs. 5,225/- per month at the time of his death. The future prospects are taken into consideration by adding 50% towards future prospects which comes to Rs. 2,612.50 per month. The income of the deceased for computation of compensation is taken to be Rs. 7,837.50 (Rs. 5,225 + Rs. 2,612.50). 1/4th is deducted towards the personal expenses of the deceased and the dependency of the claimants is taken to be Rs. 5,878/- (Rs. 7,837.50 - Rs. 1,959.37). The deceased was aged 28 years at the time of the accident and the appropriate multiplier according to the judgment of the Sarla Verma (supra) is 17. The loss of dependency of the deceased for applying the multiplier of 17 is computed as Rs. 11,99,112/- (Rs. 5,878 x 12 x 17). The award of Rs. 10,000/- towards the loss of consortium, Rs. 10,000/- towards loss of love and affection and Rs. 10,000/- towards funeral expenses is upheld. There is no head for award of compensation on account of expectancy of life of the deceased and, therefore, Rs. 10,000/- awarded by the learned Tribunal under this head is treated to be compensation towards loss of estate. The total compensation payable to the claimants is computed to be Rs. 12,39,112/- (Rs. 11,99,112 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000 + Rs. 10,000).

The appeal is accordingly allowed and the award amount is enhanced from Rs. 7,46,428/- to Rs. 12,39,112/- along with interest @7.5% per annum from the date of filing of the petition till date of payment excluding the period of 350 days (The appellants are not entitled to interest for a period of 350 days as the appeal was filed after the delay of 350 days).

The shares of the appellants in the enhanced award amount shall be as under:

Appellant No. 1 : 50%

Appellant No. 2 : 10%

Appellant No. 3 : 20%

Appellant No. 4 : 10%

Appellant No. 5 : 10%

Respondent No. 3 is directed to deposit the enhanced award amount along with interest with the UCO Bank A/c Sudesh Kumari within 30 days. Upon the aforesaid deposit being made, the UCO bank is directed to release a sum of Rs. 1,00,000/- to appellant No. 1 and a sum of Rs. 50,000/- to appellant No. 5. The remaining amount be kept in fixed deposit in the following names and for the following period:

(i) Fixed deposit in the name of appellant No. 1 in respect of 50% of the award amount minus Rs. 1,00,000/- for a period of 10 years.

(ii) Fixed deposit in the name of appellant No. 2 in respect of 10% of the award amount for a period of seven years.

(iii) Fixed deposit in the name of appellant No. 3 in respect of 20% of the award amount for a period of eight years.

(iv) Fixed deposit in the name of appellant No. 4 in respect of 10% of the award amount for a period of 10 years.

(v) Fixed deposit in the name of appellant No. 5 in respect of 10% of the award amount minus Rs. 50,000/- for a period of one year.

The interest on the fixed deposits of appellants No. 1 to 4 shall be paid monthly by automatic credit of interest in the Saving Account of appellant No. 1. The interest on the fixed deposits of appellant No. 5 shall also be paid monthly by automatic credit of interest in the Saving Account of appellant No. 5.

The original FDRs shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to claimants/appellants No. 1 and 5 along with the photocopy of the FDRs.

The original Fixed Deposit Receipts shall not be handed over to the claimants at the end of the fixed deposit period.

No loan, advance or withdrawal be permitted without the permission of this Court.

On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank in Delhi according to the convenience of the claimants.

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 detail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400).

Copy of this order be given ''Dasti'' to learned Counsel for the parties under the signature of 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.