Suntia Devi & Ors v. Ram Niwas & Ors

JUDGMENT

¶1The appellants have challenged the award of the Claims Tribunal whereby compensation of `2,87,520/- has been awarded to them. The appellants seek enhancement of the award amount.

¶2The accident dated 16th October, 1994 resulted in the death of Vinod Kumar. The deceased was survived by his widow, minor daughter and father who filed the claim petition before the Claims Tribunal. The deceased was aged 20 years at the time of the accident and was doing dairy business as well as agriculture. It was claimed that the deceased was earning `14,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal assumed the income of the deceased as `2,150/- per month, deducted

1/3rd towards the personal expenses of the deceased and applied the multiplier of 16 to compute the loss of dependency at `2,75,520/-. The Claims Tribunal has awarded `10,000/- towards loss of consortium and `2,000/- towards the funeral expenses. The total compensation awarded is `2,87,520/-.

¶3The learned counsel for the appellants has urged following grounds at the time of hearing of this appeal:-

(i) The income of the deceased be taken as `14,000/- per month.

(ii) The multiplier be enhanced from 16 to 18.

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

(iv) The rate of interest be enhanced from 7% per annum to 12% per annum.

¶4During the pendency of this appeal, the appellants have filed CM No.8987/2009 under Order XLI Rule 27 of the Code of Civil Procedure for permission to lead additional evidence with respect to the income of the deceased from dairy business and agriculture. Vide order dated 6th July, 2009, the aforesaid application was allowed and the appellant was permitted to lead additional evidence in pursuance to which the appellants examined two witnesses.

¶5Ms. Sunita Devi, widow of the deceased appeared as

AW-2 and Sh. Jagbir, neighbour of the deceased appeared in the witness box as AW-1. Both of them deposed that the deceased was engaged in dairy business as well as agriculture, the deceased was maintaining 9 – 10 buffalos, the deceased used to sell the milk, he used to grow vegetable/grains on the agricultural land and used to sell the same in the Azadpur Mandi. AW-1 and AW-2 further deposed that the deceased used to earn `10,000/- per month from dairy business and `4,000/- from selling vegetable/grains. AW-2 further deposed that the deceased was the only earning member in the family as the deceased used to manage the dairy business as well as grain.

¶6AW-1 and AW-2 have proved the occupation of the deceased. However, the witnesses have not produced any documentary evidence of the income. The oral evidence of the widow and neighbour of the deceased is not sufficient to prove that the income of the deceased was `14,000/- per month. In any case, the income from agriculture would have continued after the death of the deceased and therefore, only the value of the services of the deceased can be taken into consideration. Taking the occupation of the deceased into consideration, the income of the deceased is presumed to be `4,000/- per month. As per the judgment of Sarla Verma v.

Delhi Transport Corporation, (2009) 6 SCC 121, the appropriate multiplier at the age of 20 years is 18. The multiplier is, therefore, enhanced from 16 to 18. `10,000/-is awarded towards loss of love and affection and `10,000/-is awarded towards loss of estate. In Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy, AIR 2012 SC 100, 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 is entitled to total compensation of `6,08,000/-as per the break-up given hereunder:-

¶1Income of the deceased : `4,000/-

¶2Less 1/3rd towards personal expenses of the deceased : `2,666/-

¶3Total loss of dependency (Applying the multiplier of 18) : `5,76,000/-

¶4Compensation towards loss of love and affection : `10,000/-

¶5Compensation towards loss of consortium : `10,000/-

¶6Compensation towards loss of estate : `10,000/-

¶6Compensation towards funeral expenses : `2,000/-

Total : `6,08,000/-

¶7For the reasons as stated hereinabove, the appeal is allowed and the award amount is enhanced from `2,87,520/- to `6,08,000/- along with enhanced interest @ 9% per annum from the date of filing of the petition till realization in terms of

the judgment of the Supreme Court in Municipal Corporation of Delhi v. Association of Victims of Uphaar Tragedy (supra). The enhanced award amount along with interest be deposited with UCO Bank, Delhi High Court Branch by means of cheque drawn in the name of UCO Bank A/c Sunita Devi.

¶8Upon the aforesaid amount being deposited, the UCO Bank is directed to release 10% to appellant No.1 and 10% to appellant No.2 by transferring the same to their Saving Bank Account. The remaining 80% of the amount be kept in fixed deposit in the following manner:-

(i) Fixed deposit in respect of 10% for a period of one year in the name of appellant No.1.

(ii) Fixed deposit in respect of 10% for a period of one year in the name of appellant No.2.

(iii) Fixed deposit in respect of 10% for a period of two years in the name of appellant No.1.

(iv) Fixed deposit in respect of 10% for a period of three years in the name of appellant No.2.

(v) Fixed deposit in respect of 10% for a period of four years in the name of appellant No.1.

(vi) Fixed deposit in respect of 10% for a period of five years in the name of appellant No.1.

(vii) Fixed deposit in respect of 10% for a period of six years in the name of appellant No.1.

(viii) Fixed deposit in respect of 10% for a period of seven years in the name of appellant No.1.

¶9The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the respective Savings Account of the beneficiaries.

¶10Withdrawal from the aforesaid account shall be permitted to the beneficiaries after due verification and the Bank shall issue photo Identity Card to the beneficiaries to facilitate identity.

¶11No cheque book be issued to the beneficiaries without the permission of this Court.

¶12The 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.

¶13No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶14Half yearly statement of account be filed by the Bank in this Court.

¶15On the request of the beneficiaries, Bank shall transfer the Savings Account to any other branch according to their convenience.

¶16The 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).

¶17Copy of this judgment be sent to Mr. M.S. Rao, AGM, UCO Bank, Delhi High Court Branch, New Delhi (Mobile No.09871129345).

J.R. MIDHA, J

MAY 11, 2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % Reserved on : 2nd May, 2012 Date of decision : 11th May, 2012 SUNITA DEVI & ORS. ..... Appellants Through : Mr. Rajiv Khosla, Mr. Harshit Jain and Ms. Pooja Chauhan, Advs. versus RAM NIWAS & ORS. ..... Respondents Through : Mr. Pankaj Seth, Adv. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA