Naren Gurung & Anr. v. Tabassum & Ors.

1. The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.17,52,500/- have been awarded to the legal representatives of late Mohd. Sahid @ Shyam ji. 2018:DHC:3389

2. On 28th June, 2017 at about 9.45 A.M., Mohd. Sahid @ Shyam ji and his friend Dalbir Singh were going to Chawri Bazar, Delhi on a motor cycle bearing No.HR 26 AS 4067 when they were hit by a mini bus bearing No.SK 04 B 0049 on Main Pusta Road, near Gamri, Delhi. The accident resulted in fatal injuries to Mohd. Sahid @ Shyam ji.

3. The deceased Mohd. Sahid @ Shyam ji was aged 44 years at the time of the accident and was working as a tailor. The Claims Tribunal took the minimum wages of Rs.13,350/- in respect of an un-skilled worker as the income of the deceased, deducted 1/4th towards his personal expenses and applied the multiplier of 14 to compute the loss of dependency as Rs.16,82,100/-. The Claims Tribunal awarded Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses. The total compensation awarded is Rs.17,52,100/-.

4. Learned Advocate General of Sikkim representing appellant in MAC.APP.234/2018 urged at the time of the hearing that the deceased came on the wrong side of the road and was responsible for the accident. Reference is made to the site plan (Annexure A-7) at page 136 of the paper book which clearly shows that the bus was on the right side of the road. Reference is also made to the statement of the pillion rider at page 64 of the paper book who deposed that that the motor cycle came on the wrong side of the road. It is further submitted that the appellant examined two witnesses namely RW-1 and RW-2 but the Claims Tribunal neither considered the statement of the said witnesses nor the site plan. It is further submitted that the deceased was not wearing a helmet and no driving licence of the deceased was produced in the Claims Tribunal.

5. Learned counsel for the appellant in MAC.APP.291/2018 submits that the future prospects of 25% have not been awarded by the Claims Tribunal.

6. On careful consideration of the site plan and the statement of the witnesses, this Court is of the view that the deceased was contributory negligent as he came on the wrong side of the road, he was not wearing a helmet and no driving licence was produced in the Claims Tribunal. The contributory negligence of the deceased is held to be 50%.

7. With respect to the computation of compensation, the Claims Tribunal has not added future prospects of 25% in terms of the judgment of the Supreme Court in National Insurance Co. Limited v. Pranay Sethi, (2017) 16 SCC 680.

8. Taking the income of the deceased as Rs.13,350/-, adding 25% towards future prospects, deducting 1/4th towards his personal expenses and applying the multiplier of 14, the loss of dependency is computed as Rs.21,02,625/-. The Claims Tribunal has awarded Rs.40,000/- towards loss of consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses in terms of Pranay Sethi (supra). The total compensation is computed as Rs.21,72,625/-. Deducting towards 50% towards contributory negligence, the claimants are entitled to compensation of Rs.10,86,313/- (rounded off Rs.10,86,312.50). The appeals are partially allowed in the above terms. Pending application is disposed of.

9. The appellant has deposited Rs.10 lakh with the Registrar General of this Court in terms of the order dated 28th February, 2018. The appellant is directed to deposit the balance award amount along with upto date interest with the Registrar General of this Court within six weeks. The amount already deposited by the appellant shall be first adjusted towards interest and thereafter towards principal in terms of Order XXI Rule 1 of the Code of Civil Procedure. The computation of interest be filed on affidavit within one week of the deposit.

10. Learned senior counsel for the appellant in MAC.APP.234/2018 submits that the name of the deceased has been mentioned as Mohd. Sahid @ Shyam ji but there is no evidence to prove that Mohd. Sahid and Shyam ji Verma is same person who died in the accident in present case. It is further submitted that the names of the children have been mentioned as Rishab and Kushi in the Accident Information Report whereas Ashad and Tamana have been mentioned in the claim petition.

11. The claimants are directed to remain present in Court on the next date of hearing along with the documents relating to their relationship with the deceased.

12. The claimants are also directed to produce the passbooks of their savings bank accounts near the place of their residence as well as PAN card and Aadhaar card The concerned banks of claimants are directed not to issue any cheque book or debit card to claimants and if the same have already been issued, the bank are directed to cancel the same and make an endorsement on their passbooks to this effect. The claimants shall produce the copy of this order to the concerned bank, whereupon the bank shall make an endorsement on the passbooks of claimants that no cheque book and/or debit card shall be issued to claimants without the permission of this Court. However, the concerned bank shall permit claimants to withdraw money from their savings bank account by means of a withdrawal form. The claimants shall produce the original passbooks of their individual savings bank accounts with the necessary endorsement on the next date of hearing.

13. List on 30th July, 2018.

14. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master. MAY 22, 2018 J.R.MIDHA, J. dk