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Date of Decision: 31.08.2015
SANJAY GUPTA ..... Petitioner
Through: Mr Sumit Choudhary, Advocate.
Through: Ms Nandita Rao, Addl. Standing Counsel (Crl.) with SI Satish Kumar, PS- Narela.
Mr Ankit Goel and Mr Kanwar Kochar, Advocates for R-2 to R-6.
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 CrPC, 1973 seeking quashing of FIR No.797/2014 under Sections 304-A/287 IPC registered at Police Station- Narela, Delhi and the proceedings emanating therefrom.
2. One Shiv Shankar Chaudhary (deceased victim) was employed with Mr Sanjay Gupta (petitioner) and unfortunately lost his life accidentally 2015:DHC:7123-DB while working at the latter‟s factory. The subject FIR was registered as a consequence thereof.
3. The mother of the deceased Shiv Shankar Chaudhary as well as his wife and two minor children entered into a compromise/settlement agreement dated 07.10.2014 with Mr Sanjay Gupta before the Delhi Government Mediation and Conciliation Centre. The terms of the aforesaid settlement agreement dated 07.10.2014 are as follows:-
4. Ms Nandita Rao, learned Additional Standing Counsel (Crl.) appearing on behalf of the official respondent, states that the compensation received by the legal heirs of the deceased Shiv Shankar Chaudhary is inadequate, although the said legal heirs had willingly accepted it.
5. In my view the compensation which was the prime consideration for the legal heirs of the deceased Shiv Shankar Chaudhary to enter into a settlement with Mr Sanjay Gupta, does seem to be on the lower side. Therefore, in view of the mandate of the Employees Compensation Act, 1923 (hereinafter referred as „the said Act‟) a back-of-the-envelope calculation was made with regard to the entitlement of the legal heirs of the deceased Shiv Shankar Chaudhary to a just and fair compensation.
6. Counsel for the parties states that the figure of Rs.5,08,800/-(Rupees Five Lacs Eight Thousand Eight Hundred) is arrived at in terms of the mandate of the said Act.
7. Mr Sumit Chaudhary, learned counsel appearing on behalf of Mr Sanjay Gupta fairly concedes that although a sum of Rs.2,00,000/- (Rupees Two Lacs) has already been paid to the legal heirs of the deceased Shiv Shankar Chaudhary, Mr Sanjay Gupta is willing to pay a further sum of Rs.3,00,000/- to the legal heirs of the said deceased.
8. Mr Chaudhary, learned counsel, states that Mr Sanjay Gupta undertakes to pay a further sum of Rs.3,00,000/- (Rupees Three Lacs) to the legal heirs of the deceased Shiv Shankar Chaudhary before the SHO, Police Station- Narela on Thursday, i.e., 03.09.2015 at 11a.m.
9. In view of the aforesaid the only issue that needs to be determined by this court is qua the disbursal of the further sum of Rs.3,00,000/- to the legal heirs of the deceased victim. In this behalf it is observed that the mother, the wife and the two children are entitled in terms of Hindu Succession Act, 1956 to equal shares in the compensation. The mother has already received a sum of Rs.50,000/- and the wife (on her behalf as well as on behalf of the minor children) has received the balance sum of Rs.1,50,000/-. Therefore, the further compensation of Rs.3,00,000/- will be paid to the mother on the one hand and the wife and children on the other in the same ratio. Consequently, the mother would be entitled to a further sum of Rs.75,000/- (Rupees Seventy Five Thousand) and the wife and the minor children shall be entitled to the balance amount of Rs.2,25,000/- (Rupees Two Lacs Twenty Five Thousand).
10. Ordered accordingly.
11. The above amount shall be paid by Mr Sanjay Gupta to the mother and to the wife on her own behalf and on behalf of the minor children on Thursday, i.e., 03.09.2015 at 11a.m. in the presence of the SHO, Police Station- Narela.
12. The undertaking made on behalf of Mr Sanjay Garg is accepted.
13. In view of the aforesaid, subject to Mr Sanjay Garg paying the further compensation to the legal heirs of the deceased Shiv Shankar Chaudhary as ordered, the subject FIR No.797/2014 under Sections 304-A/287 IPC registered at Police Station- Narela, Delhi and the proceedings emanating therefrom shall stand set aside and quashed qua the petitioner Mr Sanjay Gupta. The above compensation, needless to say, is in accordance with the mandate of the provisions of the said Act and shall enure to the benefit of the legal heirs of the deceased Shiv Shankar Chaudhary, who would otherwise be made to run pillar to post, in their time of need, to receive just and fair compensation for the loss of the only breadwinner in their family.
14. The petition is disposed of accordingly.
15. A copy of this order be given dasti under signature of Court Master to counsel for parties.
16. A copy of this order be sent to the concerned SHO for compliance. The SHO is directed to furnish a report in this behalf to this court.
SIDDHARTH MRIDUL, J AUGUST 31, 2015