Anjum & Ors v. Rakesh Jain & Ors

JUDGMENT (Oral)

¶1The appellants have challenged the awards of the Claims Tribunal seeking enhancement of the award amount.

¶2The accident dated 21st April, 2008 resulted in the death of nine persons travelling in Tata-407 bearing No.UP-14T-9962 which had head-on collision with bus bearing No.DL-1PB-6849 whereupon Tata tempo overturned resulting in nine deaths of the occupants. The legal representatives of the nine deceased persons filed separate claim petitions before the Claims Tribunal.

¶3The rash and negligent driving of the bus was proved by PW-8 who was travelling in Tata-407 and was sitting in the front cabin. PW-8 deposed that the bus bearing No.DL-1PB-6849 was being driven in a rash and negligent manner and it hit the Tata tempo due to which the Tata tempo overturned and the occupants fell down on the road resulting in the death of nine persons. PW-4 further deposed that the criminal case was registered against the driver of the bus. The Claims Tribunal gave a finding that the accident

occurred due to the rash and negligent driving of the driver of the bus. The Claims Tribunal held that the deceased were contributory negligent to the extent of 30% and the award amount was reduced to that extent.

¶4The learned counsel for the appellant has urged the following grounds at the time of hearing of these appeals:-

(i) The finding of the contributory negligence of 30% of the deceased be set aside.

(ii) The Claims Tribunal has deducted the personal expenses of the deceased twice.

¶5The learned counsel for respondent No.3 submits that there is violation of the terms and conditions of the policy by the Tata tempo in as much as the said vehicle was meant only for carrying the goods and three persons are allowed to be carried in the vehicle whereas twenty one persons were travelling in Tata tempo. The learned counsel further submits that the driving licence held by the driver was fake and, therefore, respondent No.3 is entitled to recovery rights against the owner of the bus.

¶6The statement of the eye-witness, PW-8 has been perused and the finding of the Claims Tribunal that the accident occurred due to the rash and negligent driving by the driver of the offending bus is upheld. There is no evidence that the deceased in any manner contributed to the accident. There is also no evidence on record that the accident occurred because twenty one persons were

travelling in Tata tempo. There is no contributory negligence on the part of the occupants of Tata tempo. The finding of contributory negligence and deduction of 30% on that account is unwarranted. The finding of contributory negligence of the deceased to the extent of 30% is, therefore, set aside.

¶7The Claims Tribunal has deducted the personal expenses of the deceased twice which is not permissible in law. The deduction of personal expenses for the second time is, therefore, set aside.

¶8With respect to the recovery rights claimed by respondent No.3, no appeal has been filed by respondent No.3. Respondent No.3 is at liberty to file separate appeals seeking recovery rights.

¶9All the appeals are allowed to the extent of setting aside of contributory negligence of 30% and the twice deduction of personal expenses. The detailed break-up of the amount to which the appellants are entitled is as under:- MAC.APP.No.585/2009

¶10Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages, due to inflation and rise in price index, deducting 1/5th towards personal expenses, applying the multiplier of 15, adding Rs.10,000/- towards love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate

and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.8,69,200/-.

¶11The award amount is enhanced from Rs.4,86,472/- to Rs.8,69,200/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶12The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶13Upon the enhanced award amount being deposited, State Bank of India is directed to release 10% of the said amount by transferring the same to the Savings Bank Account of appellant No.1. The remaining amount be kept in fixed deposits in the following manner:-

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

(ii) Fixed deposit in the name of appellant No.7 (mother) in respect of 10% of the award amount for a period of two years.

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

(iv) Fixed deposit in the name of appellant No.7 (mother) in respect of 10% of the award amount for a period of four years.

(v) Fixed deposit in the name of appellant No.2 in respect of 10% of the award amount till he attains the age of maturity.

(vi) Fixed deposit in the name of appellant No.3 in respect of 10% of the award amount till he attains the age of maturity.

(vii) Fixed deposit in the name of appellant No.4 in respect of 10% of the award amount till she attains the age of maturity.

(viii) Fixed deposit in the name of appellant No.5 in respect of 10% of the award amount till he attains the age of maturity.

(ix) Fixed deposit in the name of appellant No.6 in respect of 10% of the award amount till he attains the age of maturity.

¶14The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant No.1.

¶15Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to the appellant No.1 to facilitate identity.

¶16No cheque book be issued to the appellant without the permission of this Court.

¶17The 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.

¶18No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶19Half yearly statement of account be filed by the Bank in this Court.

¶20On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellant No.1.

¶21The appellant Nos.1 to 7 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶23Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.586/2009

¶24Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages, due to inflation and rise in price index, deducting 1/2 towards personal expenses, applying the multiplier of 11, adding Rs.10,000/- towards love and affection, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.3,86,300/-.

¶25The award amount is enhanced from Rs.1,16,900/- to Rs.3,86,300/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶26The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶27Upon the enhanced award amount being deposited, State Bank of India is directed to release 10% of the said amount by transferring the same to the Joint Savings Bank Account of appellants. The remaining amount be kept in fixed deposits in the joint names of appellants in the following manner:-

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

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

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

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

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

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

(vii) Fixed deposit in respect of 10% of the award

amount for a period of four years.

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

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

¶28The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the joint Savings Account of the appellants.

¶29Withdrawal from the aforesaid account shall be permitted to appellants after due verification and the Bank shall issue photo Identity Card to the appellants to facilitate identity.

¶30No cheque book be issued to the appellants without the permission of this Court.

¶31The 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.

¶32No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶33Half yearly statement of account be filed by the Bank in this Court.

¶34On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellants.

¶35The appellants shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶36Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.587/2009

¶37Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages, due to inflation and rise in price index, deducting 1/3rd towards personal expenses, applying the multiplier of 5, adding Rs.10,000/- towards love and affection, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.2,42,000/-.

¶38The award amount is enhanced from Rs.1,12,000/- to Rs.2,42,000/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶39The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶40Upon the enhanced award amount being deposited, State Bank of India is directed to release 10% of the said amount by transferring the same to the Joint Savings Bank

Account of appellants. The remaining amount be kept in fixed deposits in the joint names of appellants in the following manner:-

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

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

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

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

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

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

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

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

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

¶41The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Joint Savings Account of the appellants.

¶42Withdrawal from the aforesaid account shall be permitted to appellants after due verification and the Bank

shall issue photo Identity Card to the appellants to facilitate identity.

¶43No cheque book be issued to the appellants without the permission of this Court.

¶44The 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.

¶45No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶46Half yearly statement of account be filed by the Bank in this Court.

¶47On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellants.

¶48The appellants shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶49Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.588/2009

¶50Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages,

due to inflation and rise in price index, deducting 1/4th towards personal expenses, applying the multiplier of 16, adding Rs.10,000/- towards love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.8,69,200/-.

¶51The award amount is enhanced from Rs.4,86,472/- to Rs.8,69,200/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶52The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶53Upon the enhanced award amount being deposited, State Bank of India is directed to release 15% of the said amount by transferring the same to the Savings Bank Account of appellant No.1. The remaining amount be kept in fixed deposits in the following manner:-

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

(ii) Fixed deposit in the name of appellant No.5 (mother) in respect of 10% of the award amount for a period of two years.

(iii) Fixed deposit in the name of appellant No.6 (father) in respect of 10% of the award amount for

a period of three years.

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

(v) Fixed deposit in the name of appellant No.2 in respect of 15% of the award amount till he attains the age of maturity.

(vi) Fixed deposit in the name of appellant No.3 in respect of 15% of the award amount till he attains the age of maturity.

(vii) Fixed deposit in the name of appellant No.4 in respect of 15% of the award amount till she attains the age of maturity.

¶54The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant No.1.

¶55Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to the appellant No.1 to facilitate identity.

¶56No cheque book be issued to the appellant without the permission of this Court.

¶57The 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.

¶58No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶59Half yearly statement of account be filed by the Bank in this Court.

¶60On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellant No.1.

¶61The appellant Nos.1 to 6 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶62Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.589/2009

¶63Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages, due to inflation and rise in price index, deducting 1/4th towards personal expenses, applying the multiplier of 18, adding Rs.10,000/- towards love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.9,69,100/-.

¶64The award amount is enhanced from Rs.5,29,816/- to Rs.9,69,100/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶65The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶66Upon the enhanced award amount being deposited, State Bank of India is directed to release 20% of the said amount by transferring the same to the Savings Bank Account of appellant No.1. The remaining amount be kept in fixed deposits in the following manner:-

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

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

(iii) Fixed deposit in the name of appellant No.5 (father) in respect of 10% of the award amount for a period of three years.

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

(v) Fixed deposit in the name of appellant No.2 in

respect of 20% of the award amount till she attains the age of maturity.

(vi) Fixed deposit in the name of appellant No.3 in respect of 20% of the award amount till he attains the age of maturity.

¶67The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant No.1.

¶68Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to the appellant No.1 to facilitate identity.

¶69No cheque book be issued to the appellant without the permission of this Court.

¶70The 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.

¶71No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶72Half yearly statement of account be filed by the Bank in this Court.

¶73On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellant No.1.

¶74The appellant Nos.1 to 5 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶75Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.590/2009

¶76Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages, due to inflation and rise in price index, deducting 1/4th towards personal expenses, applying the multiplier of 17, adding Rs.10,000/- towards love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.9,19,150/-.

¶77The award amount is enhanced from Rs.4,89,824/- to Rs.9,19,150/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶78The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶79Upon the enhanced award amount being deposited, State Bank of India is directed to release 10% of the said amount by transferring the same to the Savings Bank

Account of appellant No.1. The remaining amount be kept in fixed deposits in the following manner:-

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

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

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

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

(v) Fixed deposit in the name of appellant No.2 in respect of 25% of the award amount till she attains the age of maturity.

(vi) Fixed deposit in the name of appellant No.3 in respect of 25% of the award amount till he attains the age of maturity.

¶80The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant No.1.

¶81Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to the appellant No.1 to

facilitate identity.

¶82No cheque book be issued to the appellant without the permission of this Court.

¶83The 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.

¶84No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶85Half yearly statement of account be filed by the Bank in this Court.

¶86On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellant No.1.

¶87The appellant Nos.1 to 4 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶88Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.610/2009

¶89Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages,

due to inflation and rise in price index, deducting 1/4th towards personal expenses, applying the multiplier of 17, adding Rs.10,000/- towards love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.9,19,150/-.

¶90The award amount is enhanced from Rs.4,73,330/- to Rs.9,19,150/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶91The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶92Upon the enhanced award amount being deposited, State Bank of India is directed to release 10% of the said amount by transferring the same to the Savings Bank Account of appellant No.1. The remaining amount be kept in fixed deposits in the following manner:-

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

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

(iii) Fixed deposit in the name of appellant No.1 (widow) in respect of 10% of the award amount

for a period of three years.

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

(v) Fixed deposit in the name of appellant No.2 in respect of 25% of the award amount till she attains the age of maturity.

(vi) Fixed deposit in the name of appellant No.3 in respect of 25% of the award amount till he attains the age of maturity.

¶93The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant No.1.

¶94Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to the appellant No.1 to facilitate identity.

¶95No cheque book be issued to the appellant without the permission of this Court.

¶96The 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.

¶97No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶98Half yearly statement of account be filed by the Bank in this Court.

¶99On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellant No.1.

¶100The appellant Nos.1 to 4 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶101Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master. MAC.APP.No.607/2009

¶102Taking the income of the deceased as Rs.3,700/- per month, adding 50% towards increase in minimum wages, due to inflation and rise in price index, deducting 1/4th towards personal expenses, applying the multiplier of 16, adding Rs.10,000/- towards love and affection, Rs.50,000/- towards loss of consortium, Rs.5,000/- towards loss of estate and Rs.5,000/- towards funeral expenses, the total compensation is computed to be Rs.8,69,200/-.

¶103The award amount is enhanced from Rs.4,28,411/- to Rs.8,69,200/- along with interest @7.5% per annum from the date of filing of the claim petition till deposit.

¶104The enhanced award amount be deposited by the respondent No.3 with State Bank of India, Tis Hazari Branch

through Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322), within 30 days.

¶105Upon the enhanced award amount being deposited, State Bank of India is directed to release 10% of the said amount by transferring the same to the Savings Bank Account of appellant No.1. The remaining amount be kept in fixed deposits in the following manner:-

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

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

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

(iv) Fixed deposit in the name of appellant No.2 in respect of 20% of the award amount till she attains the age of maturity.

(v) Fixed deposit in the name of appellant No.3 in respect of 20% of the award amount till he attains the age of maturity.

(vi) Fixed deposit in the name of appellant No.4 in respect of 20% of the award amount till she attains the age of maturity.

¶106The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of the appellant No.1.

¶107Withdrawal from the aforesaid account shall be permitted to appellant No.1 after due verification and the Bank shall issue photo Identity Card to the appellant No.1 to facilitate identity.

¶108No cheque book be issued to the appellant without the permission of this Court.

¶109The 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.

¶110No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.

¶111Half yearly statement of account be filed by the Bank in this Court.

¶112On the request of the appellant, the Bank shall transfer the Savings Account to any other branch according to the convenience of the appellant No.1.

¶113The appellant Nos.1 to 4 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322)

¶114Copy of this order be also sent to Mr. H.S. Rawat, Relationship Manager, Tis Hazari Branch, Tis Hazari (Mb: 09717044322) under the signature of Court Master.

J.R. MIDHA, J

MARCH 23, 2010

HL

41 to 48 *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23rd March, 2010 % + MAC.APP. 585/2009 ANJUM & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 586/2009 ISLAM & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 587/2009 SAMSA KHATUN & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 588/2009 ANWARI & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 589/2009 NAJBIN & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 590/2009 BIBI RUBY PARVEEN & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 607/2009 HUSNI & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 + MAC.APP. 610/2009 FIROJA KHATUN & ORS ..... Appellants Through Mr. Varun Kumar and Mr.Navneet Goyal, Advs. versus RAKESH JAIN & ORS ..... Respondents Through Mr. Sameer Nandwani, Adv. for R-3 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?