Delhi High Court High Court

Uoi & Ors. vs Sudesh Rani on 18 January, 2010

Delhi High Court
Uoi & Ors. vs Sudesh Rani on 18 January, 2010
Author: J.R. Midha
28
*IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +      FAO No.127/2000

                             Date of Decision: 18th January, 2010
%

      UOI & ORS.                         ..... Appellants
                        Through : Mr. A.S. Dateer, Adv.

                  versus

      SUDESH RANI                        ..... Respondent
                        Through : Mr. Sanjeev Saxena, Adv.
                                  for R-1 & 2.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may               YES
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?              YES

3.      Whether the judgment should be                      YES
        reported in the Digest?

                        JUDGMENT (Oral)

1. The appellants have challenged the award of the

learned Tribunal whereby compensation of Rs.1,44,000/- has

been awarded to claimants/respondents No.1 and 2. The

appellants seek reduction of the award amount on the

ground of composite negligence. Claimants/respondents

No.1 and 2 have filed cross-objections seeking enhancement

of the award amount.

2. The accident dated 15th February, 1991 resulted in the

death of Ram Murti. The deceased was survived by his widow

and minor daughter who filed the claim petition before the

learned Tribunal.

FAO No.127/2000 Page 1 of 6

3. The deceased was aged 39 years at the time of the

accident and was running a Kiryana shop earning Rs.4,000/-

per month. However, in the absence of sufficient proof of

income, the learned Tribunal took the minimum wages of

Rs.1,222/- per month. The learned Tribunal took the future

prospects into consideration by taking the average of

Rs.1,222/- and Rs.2,500/-, deducted Rs.550/- towards the

personal expenses of the deceased and applied the multiplier

of 10 to compute the loss of dependency at Rs.1,44,000/-.

No compensation has been awarded for loss of consortium,

loss of love and affection, loss of estate and funeral

expenses.

4. The learned counsel for the appellants has urged only

one ground at the time of hearing of this appeal, namely,

that the compensation amount be reduced on the ground of

composite negligence of the scooter on which the deceased

was sitting as pillion rider. The deceased was sitting on the

pillion of two wheeler scooter which was hit by truck bearing

No.DIG-551. The FIR was registered against the driver of the

truck. The driver of the scooter appeared in the witness box

before the learned Tribunal and deposed that the truck came

on the wrong side of the road and hit the scooter. The FIR of

the case was proved as Ex.PW2/A. On the basis of aforesaid

evidence, the learned Tribunal held that the accident

occurred due to rash and negligent driving of the appellant’s

driver. The finding of the learned Tribunal is based on the
FAO No.127/2000 Page 2 of 6
evidence on record and is upheld.

5. The learned counsel for claimants/respondents No.1

and 2 has urged the following grounds at the time of hearing

of this appeal:-

(i) The multiplier be enhanced from 10 to 15.

(ii) The compensation be awarded for loss of

consortium, loss of love and affection, loss of

estate and funeral expenses.

6. The learned counsel for claimants/respondents No.1

and 2 submits that the deceased was 39 years of age but the

learned Tribunal took the age of the deceased as 50 years on

the basis of the age recorded in the postmortem report. The

learned counsel submits that the age of the deceased

recorded in the postmortem report is not the correct age of

the deceased.

7. The claimants/respondents No.1 and 2 have led

additional evidence before this Court. The deceased had

studied in Sarkari High School, Pindwarpal, Amritsar, Punjab

and appellant No.1 applied for the copy of the admission

register of the school under the Right to Information Act in

response to which the reply dated 11th September, 2009 was

sent to appellant No.1 and the copy of the admission register

was also furnished to her. Appellant No.1 appeared in the

witness box and proved the original reply dated 11 th

September, 2009 as Ex.P-1. The certified copy of the

admission register received by appellant No.1 under the
FAO No.127/2000 Page 3 of 6
cover of the letter dated 11th September, 2009 was proved

as Ex.P-2. The true translation of Ex.P-1 and Ex.P-2 were

proved as Ex.P-3 and Ex.P-4. As per Ex.P-2, the date of birth

of the deceased is 3rd February, 1952 and according to which

the age of the deceased at the time of the accident was 39

years. The age of the deceased is, therefore, held to be 39

years.

8. As per the recent judgment of Hon’ble Supreme Court

in the case of Sarla Verma Vs. Delhi Transport

Corporation, 2009 (6) Scale 129, the appropriate

multiplier at the age of 39 years is 15. The multiplier is,

therefore, enhanced form 10 to 15.

9. Taking the monthly dependency of the claimant to be

Rs.1,200/- per month, applying the multiplier of 15, the loss

of dependency is computed to be Rs.2,16,000/- (Rs.1,200 x

12 x 15).

10. The learned Tribunal has not awarded any

compensation for loss of consortium, loss of love and

affection, loss of estate and funeral expenses. Rs.10,000/- is

awarded for loss of consortium, Rs.10,000/- for loss of love

and affection, Rs.10,000/- for loss of estate and Rs.5,000/- for

funeral expenses. The total compensation is computed to be

Rs.2,51,000/- (Rs.2,16,000 + Rs.10,000 + Rs.10,000 +

Rs.10,000 + Rs.5,000).

11. The appeal is dismissed. The cross-objections are

allowed and the award amount is enhanced from
FAO No.127/2000 Page 4 of 6
Rs.1,44,000/- to Rs.2,51,000/- . The learned Tribunal has

awarded interest @ 12% per annum which is not disturbed

on the original award amount of Rs.1,44,000/-. 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

realization.

12. The enhanced award amount along with interest be

deposited by the appellant with UCO Bank, Delhi High Court

Branch A/c Sudesh Rani through Mr. M.M. Tandon, Member-

Retail Team, UCO Bank Zonal, Parliament Street, New Delhi

(Mobile No. 09310356400) within 30 days.

13. Upon the aforesaid deposit being made, the UCO Bank

is directed to keep a sum of Rs.2,00,000/- in fixed deposit

with cumulative interest as per the details given hereunder:-

(i) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.2 for a period of six months.

(ii) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.2 for a period of one year.

(iii) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.1 for a period of six months.

(iv) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.1 for a period of one year.

(v) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.1 for a period of one and a half

years.

(vi) Fixed deposit Receipt for Rs.25,000/- in the name
FAO No.127/2000 Page 5 of 6
of respondent No.1 for a period of two years.

(vii) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.1 for a period of two and a half

years.

(viii) Fixed deposit Receipt for Rs.25,000/- in the name

of respondent No.1 for a period of three years.

14. The remaining amount be released to

claimants/respondents No.1 and 2 by transferring the said

amount to their Saving Bank Accounts. The FDRS be also

released to respondents No.1 and 2 with an endorsement

that no loan or advance be given on the said FDRs without

the permission of this Court.

15. List for reporting compliance on 18th February, 2010.

J.R. MIDHA, J
JANUARY 18, 2010
mk

FAO No.127/2000 Page 6 of 6