Delhi District Court
Sh. Jagdev Mangal Singh (Father) Aged 48 ... vs Sh. Hind Kumar S/O Deep Narain on 30 August, 2010
IN THE COURT OF SHRI CHANDRA BOSE: JUDGE:MACT:DELHI
MACT NO. : 363/10
FIR no. : 68/10
1. Sh. Jagdev Mangal Singh (father) aged 48 years
2. Smt. Kumari w/o Sh. Jagdev Mangal Singh (mother) aged 47 years
Both R/o Vill Nane No. 23, PS Vardhah, Distt. Ajad Garh.
............Claimants
Versus
1. Sh. Hind Kumar s/o Deep Narain
r/o Village Umary Khurd, PS Maharaj Ganj, Distt. Jaun Pur (UP).
..... Driver
2. Sh. Mukesh Chand s/o Sh. Attar Singh
r/o Gali no.5, B-82, Majlis Park, Azad Pur, Delhi
..... Owner
3. The Reliance General Insurance Co. Ltd.
60, Okhla Phase-III, Near Modi Flour Mill, New Delhi
...... Insurance co.
DATE OF INSTITUTION : 29.07.10
DATE OF RESERVING ORDER: 30.08.10
DATE OF PRONOUNCEMENT :30.08.10
AWARD
1. As per photocopy of charge sheet Durgesh died on 03.05.10 due to accident
caused by the offending vehicle bearing no. DL-1LG-0081. IO after investigation
collected all the relevant evidence and filed with the detailed accidental report(DAR).
363/10 1 Of 4
Driver & owner have not contested on the point of rash & negligent driving of the offending
vehicle.
2. Insurance company has given offer of compensation in writing to the parents of
the deceased. Counsel for claimants have accepted the offer of compensation subject to the
request that income of the deceased should be taken by giving 50% increase on the basis of
inflation. He further submits that there are number of judgments on this point.
3. I considered the submissions of counsel for claimants and counsel for R-3 and I
am of the view that in view of the judgment namely Santosh Devi, Appellant Vs. Abdul
Kareem & Others Respondents decided on 08th October, 2009 in MAC.APP No.
440/2009 and Reshma & Ors. Appellant Vs. Harish Kaushik & Ors Respondents decided on 11th December, 2009 MAC.APP 560/2007 in which it is held that "the income of the deceased should be computed by taking the average of minimum wages at the time of accident and its doubled'', the contention of counsel for claimants be accepted.
4. Following the aforesaid judgment cited as above, the income of the deceased is computed by taking the average of Rs. 5278/- per month(minimum wage) at the time of accident and its doubled which comes to Rs.7,917/- ( 5278 + 10,556 ÷ 2).
5. As per the case law of Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr.2009 (6) scale 2, 129, since the deceased was bachelor, 50% would be deducted towards personal & living expenses of the deceased and after deducting 50% of the income of the deceased, monthly dependency will be Rs.3958.50 rounded off to Rs.4,000/- (Rs.7917X50%-3958.50) and annual dependency towards the claimants comes to Rs.48,000/-.
6. Since the deceased was bachelor, mother of deceased is held dependent upon the income of the deceased. As such the age of mother would be considered for the purpose of calculation of loss of dependency towards her as per the case law of SARLA VERMA V/S DTC (SUPRA). In the present case, the age of the mother of deceased is 47 years. Therefore, multiplier would be of '13'. Hence, after applying multiplier of '13' to the multiplicand of Rs.48,000/-, we arrive at a figure of Rs.6,24,000/- towards compensation 363/10 2 Of 4 on account of loss of dependency of the mother of deceased Smt. Kumari.
7. Claimants are also granted Rs. 40,000/- towards other heads as accepted by them in offer given by insurance company.
8. As such, I hold that claimants are entitled to receive compensation of Rs.6,64,000/- to be payable by insurance company .
This compensation is apportioned between the claimants as under :
1. Sh. Jagdev Mangal Singh : 30,000/-
2. Smt. Kumari (mother) : 6,34,000/-
9. In view of the guidelines issued by Supreme Court in the case titled as General Manager, Kerala State Road Transport Corporation v/s Susamma Thomas & Others, 1994 (2) SC, 1631 for appropriate investments to safeguard the amount from being frittered away by the beneficiaries owing to ignorance, illiteracy and susceptible to exploitation, following arrangements are hereby ordered :
Out of awarded amount of Smt. Kumari, a sum of Rs. 6 lakhs be kept in FDR in her name for the period of 7 years and rest of the amount be released to her. The entire awarded amount of Sh. Jagdev Mangal Singh be released to him.
10. FDR will not be prematurely encashed but periodical interest on FDR is allowed to be utilized. Claimant shall not be having any facility of loan or advance on this FDR However, in case of emergent need, she may approach this court for pre-mature withdrawal of any amount.
11. Reliance General Insurance co- is directed to deposit the cheques in the 363/10 3 Of 4 name of claimants of the amount of FDR and of amount released separately within 30 days from today failing which the claimants shall be entitled to get further interest @ 7.5% for the delayed period.
12. The case is disposed of on aforesaid terms. Copy of this award be provided to both the parties for compliance. File be consigned to record room after necessary compliance.
ANNOUNCED IN THE OPEN COURT (CHANDRA BOSE) ON 30.08.10 JUDGE/MACT:ROHINI 363/10 4 Of 4