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Judgment
J.R. Midha, J
The appellant has challenged the award dated 24th April, 2019 whereby compensation of Rs.36,04,000/- has been awarded to the respondents.
The accident dated 09th June, 2013 resulted in the death of Bhagat Singh Rawat. The deceased was aged 38 years at the time of accident and was
working as an Assistant Team Leader with Bharti Walmart Pvt. Ltd. The deceased was survived by his widow, three daughters and mother who
claimed compensation.
The Claims Tribunal took the income of the deceased as Rs.18,062/-per month, added 40% future prospects, deducted 1/4th towards personal
expenses and applied the multiplier of 15 to compute the loss of dependency as Rs.34,13,700/-. The Claims Tribunal awarded Rs.1,20,000/- towards
loss of love and affection, Rs.40,000/- towards loss of consortium, Rs. 15,000/-towards loss of estate and Rs.15,000/- towards funeral expenses. The
total compensation awarded is Rs.36,04,000/- (Rs. 36,03,700/-rounded of).
Learned senior counsel for the appellant urged at the time of hearing that the deceased was contributory negligent and, therefore, the compensation
awarded to the respondents is liable to be reduced on account of the contributory negligence. It is further submitted that the deceased was travelling in
bus No.UA 07M 7791. When the bus reached Meerut by-pass, the deceased took his head out of the window seat whereupon his head hit against a
tractor trolley which resulted in fatal injuries. Reference is made to the FIR which records that the head of the deceased severed on account of
accident which resulted in the death. Reference is also made to the letter dated 21st June, 2013 in which the widow of the deceased admitted that the
head of the deceased was severed by some unknown vehicle which resulted in his death.
Learned counsel for the respondents/claimants submits that the deceased was not contributory negligent. Without prejudice, it is submitted that the
Claims Tribunal has taken future prospects of the deceased as 40% whereas the claimants are entitled to future prospects of 50% of the income of
the deceased for computation of the compensation.
This Court is of the view that the deceased was contributory negligent and, therefore, the compensation amount is liable to be reduced on account
of the contributory negligence of the deceased. With respect to the future prospects, Claims Tribunal ought to have awarded future prospects as 50%
of the income of the deceased. By reducing the compensation amount  awarded to the respondents on account of the contributory negligence and by
taking into consideration the future prospects @ 50% and the other relevant facts and circumstances of this case, this Court is of the view that the
compensation of Rs.40,00,000/- including the interest would serve the ends of justice.
Learned senior counsel for the appellant submits that the appellant has already deposited Rs.36,00,000/- with the Registrar General of this Court
and the balance Rs.4,00,000/- shall be deposited with the Registrar General of this Court within four weeks.
Mr. D.K. Sharma, learned counsel for the respondents submits on instructions from the respondents that the respondents agree to the computation
of compensation of Rs.40,00,000/- including interest by this Court in terms of this judgment.
The appeal is partially allowed and the compensation awarded by the Claims Tribunal is reduced to Rs.40,00,000/- including interest.
The appellant had already deposited Rs.36,00,000/- with the Registrar General of this Court, out of which Rs.10,00,000/- was disbursed on 18th
September, 2020 and Rs.10,00,000/- was disbursed on 22nd October, 2020.
The respondents have filed the passbooks of their savings bank accounts with the relevant endorsement. The particulars of savings bank accounts
of respondents No. 1 to 5 are as under:
(i) Anandi Devi (Respondent No. 1) A/c No.91882010021438
Syndicate Bank, Sadh Nagar, Palam Colony,
Delhi IFSC Code: SYNB0009188
(ii) Namita Rawat (Respondent No.2) A/c No.31973613034
Palam New Delhi
IFSC Code: SBIN0011564
(iii) Ranjeeta Rawat (Respondent No.3) A/c No.31973625812
State Bank of India, Mahavir Enclave, Palam New Delhi
IFSC Code: SBIN0011564
(iv) Sandhya Rawat (Respondent No.4) A/c No.33127975550
State Bank of India, Mahavir Enclave, Palam New Delhi
IFSC Code: SBIN0011564
(v) Sushila Devi (Respondent No.5) A/c No.2871000100062085
Punjab National Bank, Chailusain, Uttarakhand IFSC Code: PUNB0287100
The Registrar General is directed to disburse the balance Rs.16,00,000/- along with accrued interest to the respondents in the following manner :-
(i) Rs.3,00,000/- be kept in FDR in the name of respondent No.3 Ranjeeta Rawat till she attains majority with cumulative interest. Upon attaining
majority, the bank shall transfer the interest to the aforesaid savings bank account of respondent No.3 and the principal amount of Rs.3,00,000/- be
kept in 30 FDRs of Rs.10,000/- each in the name of respondent No.3 for the period 1 month to 30 months respectively with cumulative interest.
(ii) Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each in the name of respondent No.2 Namita Rawat for the period 1 month to 30 months
respectively with cumulative interest.
(iii) Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each in the name of respondent No.4 Sandhya Rawat for the period 1 month to 30 months
respectively with cumulative interest.
(iv) Rs.7,00,000/- be kept in 70 FDRs of Rs.10,000/- each in the name of respondent No.1, Anandi Devi for the period 1 month to 70 months
respectively with cumulative interest.
(v) The accrued interest, if any, be transferred to the savings bank account of respondent No.1 mentioned in para 11 above.
(vi) All the original FDRs shall remain with UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, amount, date of
maturity and maturity amount shall be furnished to respondents.
(vii) The maturity amounts of the aforesaid FDRs be released to the respondents, by transferring the same to their savings bank account as mentioned
order dated 22nd October, 2020.
(viii) No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
(ix) State Bank of India, Mahavir Enclave, Palam, New Delhi and Punjab National Bank, Chailusain Branch, Uttarakhand shall permit the respondents
to withdraw money from their savings bank accounts by means of a withdrawal form
The appellant is directed to transfer Rs.4,00,000/- to savings bank account of respondent No.1 with Syndicate Bank, Sadh Nagar, Palam Colony,
Delhi within four weeks.
List for reporting compliance on 05th July, 2021.
Copy of this judgment be sent to UCO Bank, Delhi High Court Branch; and Punjab National Bank, Chailusain Branch, Uttarakhand for
compliance.