Gauri Kapoor & Anr. v. Hukam Singh & Ors.

1. The appellants have challenged the award of the Claims Tribunal whereby compensation of `4,69,800/- has been awarded to the appellants. The appellants seek enhancement of the award amount.

2. The accident dated 16th May, 1998 resulted in the death of Vinay Kapoor. The deceased was survived by his widow, mother and son. The deceased was aged 46 years at the time of the accident and was working as an Account Assistant earning `4,000/- per month. The Claims Tribunal took the minimum wages of `2,800/- per month into consideration, added 50% towards inflation, deducted 1/3rd towards the personal expenses and applied the multiplier of 13 to compute the loss of dependency at `4,36,800/-. The Claims Tribunal has 2012:DHC:3014 awarded `10,000/- towards loss of consortium, `10,000/towards loss of love and affection, `10,000/- towards loss of expectancy of life and `3,000/- towards the funeral expenses. The total compensation awarded is `4,69,800/-.

3. The learned counsel for the appellants has urged at the time of hearing of this appeal that the income of the deceased be taken as `4,000/- per month and 30% be added towards the future prospects in terms of the judgment of the Supreme Court in Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129. It is submitted that the income of the deceased was proved by the testimony of PW-1 as well as PW-5.

4. The wife of the deceased appeared in the witness box before the Claims Tribunal as PW-1 and deposed that her husband was working with S.S. Industries drawing a salary of `4,000/- per month. She proved the salary certificate issued by the employer as Ex.PW1/27. The manager of S.S. Industries appeared in the witness box before the Claims Tribunal as PW-5 and deposed that the deceased was working as an Account Assistant. PW-5 produced the computerized record of the salary register before the Claims Tribunal. The attested copy of the salary ledger for the period from 4th May, 1998 to 4th July, 1998 was proved as Ex.PW5/A. There are two entries relating to the deceased in Ex.PW5/A. The first entry is dated 4th May, 1998 relating to the payment of `4,000/- to the deceased vide cheque no.553865 and the second entry is dated 8th June, 1998 relating to the payment of `2,000/- to the deceased vide cheque No.553929. It is submitted that the first entry relates to the payment of salary for the month of April, 1998 whereas the second entry relates to the salary of 15 days for the month of May, 1998. The Claims Tribunal disregarded the testimony of PW-5 on the ground that the witness did not produce the appointment letter of the deceased and the word “salary” has not been mentioned on Ex.PW5/A. However, Ex.PW5/A clearly mentions “SALARIES” on the top of the page. The Claims Tribunal appears to have overlooked the same. From the testimony of PW-5 and the documents Ex.PW1/27 and Ex.PW5/A, it appears that the deceased was employed at a salary of `4,000/- per month. The income of the deceased is taken to be `4,000/- per month. The deceased was aged 46 years at the time of the accident and following the judgment of the Supreme Court in Sarla Verma (Supra), 30% is added towards the future prospects of the deceased and the income of the deceased for computation of compensation is taken to be `5,200/- (`4,000 + 30% of `4,000). Deducting 1/3rd towards the personal expenses and applying the multiplier of 13, the loss of dependency is computed to be `5,40,800/-. Adding `10,000/- towards loss of consortium, `10,000/- towards loss of love and affection, `10,000/- towards loss of expectancy of life and `3,000/- towards the funeral expenses, the total compensation computed to be `5,73,800/-.

5. The appeal is allowed and the award amount is enhanced from `4,69,800/- to `5,73,800/- along with interest @ 9% per annum from the date of filing of the claim petition till realization. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch by means of cheque drawn in the name of UCO Bank A/c Gauri Kapoor. Upon the aforesaid amount being deposited, the UCO Bank is directed to release `35,000/- each to the three appellants by transferring the same to their Saving Bank Account. The remaining amount be kept in fixed deposit in the name of appellant No.1 for two years.

6. The interest on the aforesaid fixed deposit shall be paid monthly by automatic credit of interest in the respective Savings Account of the beneficiary.

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

8. No cheque book be issued to the beneficiary without the permission of this Court.

9. The original fixed deposit receipt shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the beneficiary 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 beneficiary.

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

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

12. On the request of the beneficiary, Bank shall transfer the Savings Account to any other branch according to their convenience.

13. The beneficiary 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).

14. Copy 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 02, 2012 mk