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Date of Decision: 18th January, 2010 RAMWATI & ORS. ..... Appellants
Through : Mr. Y.R. Sharma, Adv.
Through : Mr. M.K. Tiwari, Adv. for Mr. Pankaj Seth,Adv. for R-3.
JUDGMENT
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 the compensation of Rs.2,00,000/has been awarded to the appellants. The appellants seek enhancement of the award amount.
2. The accident dated 10th December, 1996 resulted in the death of Raja Mani. The deceased was survived his widow and daughter who filed the claim petition before the learned Tribunal.
3. The deceased was 57 years at the time of the accident and was working in Indian Air Force. The learned Tribunal took the income of the deceased as Rs.4,500/- per month, 2010:DHC:263 deducted 1/3rd towards personal expenses and applied the multiplier of 5 to compute the loss of dependency at Rs.1,80,000/-. Rs.20,000/- has been awarded towards loss of consortium, funeral expenses and loss of love and affection. The total compensation awarded is Rs.2,00,000/-.
4. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:-
(i) The multiplier be enhanced from 5 to 9.
(ii) The compensation be awarded for loss of estate.
5. The appropriate multiplier at the age of 57 years is 9 according to the judgment of Hon’ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation, 2009 (6) Scale 129. The multiplier is, therefore, enhanced from 5 to 9.
6. The learned Tribunal has not awarded any compensation towards loss of estate. Rs.10,000/- is awarded for loss of estate.
7. Taking the income of the deceased to be Rs.4,500/- per month, deducting 1/3rd towards personal expenses, applying the multiplier of 9, adding Rs.20,000/- towards loss of consortium, loss of love and affection and funeral expenses and Rs.10,000/- towards loss of estate, the total compensation is computed to be Rs.3,54,000/- [(Rs.4,500 x 2/3 x 12 x 9) + Rs.20,000 + Rs.10,000].
8. The appeal is allowed and the award amount is enhanced from Rs.2,00,000/- to Rs.3,54,000/-.
9. The learned Tribunal has awarded interest @12% per annum which is not disturbed on the original award amount of Rs.2,00,000/-. 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.
10. The learned counsel for the appellant submits that appellant No.1 has expired and her share is devolved upon appellant No.2. Appellant No.2 is substituted in place of appellant No.1.
11. The learned counsel for appellant No.2 submits that the full name of appellant No.2 after her marriage is Rani Babu Rao. The UCO Bank shall, therefore, open the account in the name of Rani Babu Rao.
12. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank, Delhi High Court Branch A/c Rani @ Rani Babu Rao by means of a cheque through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile NO. 09310356400) within 30 days.
13. Upon the enhanced award amount being deposited, UCO Bank is directed to keep a sum of Rs.2,50,000/- in fixed deposit in the following manner:-
(i) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of six months.
(ii) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of one year.
(iii) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of one and a half years.
(iv) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of two years.
(v) Fixed deposit of Rs.50,000/- in the name of appellant No.2 for a period of two and a half years.
14. The remaining amount be released to appellant No.2 by transferring the same to her Saving Bank Account.
15. The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account of appellant No.2.
16. Withdrawal from the aforesaid account shall be permitted to appellant No.2 after due verification and the Bank shall issue photo Identity Card to appellant No.2 to facilitate identity.
17. No cheque book be issued to appellant No.1 without the permission of this Court.
18. The original Fixed Deposit Receipts shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to appellant No.2 along with the photocopy of the FDRs.
19. The original Fixed Deposit Receipts shall be handed over to appellant No.2 on the expiry of the period of the FDRs.
20. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipts without the permission of this Court.
21. Half yearly statement of account be filed by the Bank in this Court.
22. On the request of appellant No.2, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of appellant No.2.
23. Appellant No.2 shall furnish all the relevant documents for opening of the Saving Bank Account and Fixed Deposit Account to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi.
24. Copy of the order be given dasti to counsel for both the parties.
25. Copy of this order be also sent to Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) through the UCO Bank, High Court Branch. J.R. MIDHA, J JANUARY 18, 2010 aj