Delhi District Court
Sh. Bishambar Dayal S/O Sh. Lalai Ram vs Sh. Ram Lal S/O Sh. Dhani Ram on 18 January, 2010
1
IN THE COURT OF SHRI GURVINDER PAL SINGH
JUDGE,MOTOR ACCIDENT CLAIMS TRIBUNAL(WEST)
TIS HAZARI COURTS,DELHI
(Suit No. 1002/08)
1.Sh. Bishambar Dayal s/o Sh. Lalai Ram
2. Smt. Kiran Dei w/o Sh. Bishambar Dayal
3. Ms. Geeta d/o Sh. Bishambar Dayal
R/o : 739, E-Block, Mangolpuri, Delhi-110083
(Petitioner No.3 being minor is represented through her
father Bishambar Dayal /petitioner No.2)
........PETITIONERS
VERSUS
1. Sh. Ram Lal s/o Sh. Dhani Ram
R/o Ward No.14, Mohalla Sagatpura,
Mandi Govindgarh, Fatehgarh Shahib, Punjab. (Driver)
2. Sh. Har Chand Singh s/o Sh. Chhota Singh
R/o Village Bholia, P.O. Narainagarh, Teh-Anloh,
District. Fatehgarh, Shahib, Punjab (owner)
3. The New India Assurance Co. Ltd.
12/1, Jeevan Raksha Building,
Asaf Ali Road, New Delhi-110001 (Insurer)
.....RESPONDENTS
Date of filing of the petition : 24/03/08
When reserved for judgment : 04/01/10
Date of final judgment/ award : 18/01/10.
2
(Suit No. 1003/08)
1.Sh. Rattan Lal
s/o Sh. Gopal Ram
2.Smt. Chanchal w/o Sh. Rattan Lal
R/o 739, E-Block, Mangolpuri, Delhi-110083 ........PETITIONERS VERSUS
1.Sh. Ram Lal s/o Sh. Dhani Ram R/o Ward No.14, Mohalla Sagatpura, Mandi Govindgarh, Fatehgarh Shahib, Punjab. (Driver)
2.Sh. Har Chand Singh s/o Sh. Chhota Singh R/o Village Bholia, P.O. Narainagarh, Teh-Anloh, District. Fatehgarh, Shahib, Punjab (owner)
3.The New India Assurance Co. Ltd.
12/1, Jeevan Raksha Building, Asaf Ali Road, New Delhi-110001 (Insurer) .....RESPONDENTS Date of filing of the petition : 24/03/08 When reserved for judgment : 04/01/10 Date of final judgment/ award : 18/01/10.
3
(Suit No. 1030/08)
1.Smt. Kamni w/o Late Sh. Nitin
2. Smt. Anarkali w/o Sh. Deepak Kumar
3. Sh. Deepak Kumar s/o Late Sh. Shyam Lal R/o 870, E-Block, Mangolpuri, Delhi-110083 ........PETITIONERS VERSUS
1.Sh. Ram Lal s/o Sh. Dhani Ram R/o Ward No.14, Mohalla Sagatpura, Mandi Govindgarh, Fatehgarh Shahib, Punjab. (Driver)
2.Sh. Har Chand Singh s/o Sh. Chhota Singh R/o Village Bholia, P.O. Narainagarh, Teh-Anloh, District. Fatehgarh, Shahib, Punjab (owner)
3.The New India Assurance Co. Ltd.
12/1, Jeevan Raksha Building,
Asaf Ali Road, New Delhi-110001 (Insurer)
.....RESPONDENTS
Date of filing of the petition : 24/03/08
When reserved for judgment : 04/01/10
Date of final judgment/ award : 18/01/10.
JUDGMENT / AWARD
Vide this judgment, I shall dispose off three claim petitions u/s 166 & 140 of Motor Vehicles Act,1988 viz. (1) Sh. Bishambar Dayal & Ors Vs. Sh. Ram Lal & Ors, bearing Suit No. 1002/08; (2) Sh. Rattan Lal & Ors. Vs. Sh. Ram Lal & Ors, bearing Suit No. 1003/08 and (3) Smt. Kamni & Ors Vs. 4 Sh. Ram Lal & Ors, bearing Suit No. 1030/08, since these three cases were consolidated vide order dated 09/03/09 by this Tribunal, since they had arisen out of the same accident dated. 24/02/08. The claim petition bearing Suit No. 1002/08 was treated as leading case.
2. Brief resume of facts of the claim petitions is that on 24/02/08, at 2.45 a.m. at Jakhira Flyover to Punjabi Bagh, opposite Hindustan Ltd, Delhi, motor cycle No. DL-4SBH-3130 was driven by Sh. Rohit at normal speed, correctly having on pillion seat Sh. Mohan and Sh. Nitin, when Truck No. PB-23F-2123, driven by respondent No.1 at high speed rashly and negligently came from behind and hit their motor cycle, causing the fall of the said persons on motor cycle and fatal injuries on their person.
3. The petitioners in all the petitions have claimed Rs. 20 Lakh as compensation for fatal injuries received by Sh. Mohan, Sh. Rohit and Sh. Nitin respectively in the abovesaid road accident
4. Respondents No.1, 2 & 3 are common in both the claim petition and are driver, owner and insurer respectively of the offending vehicle. 5
5. Summons were issued to all the respondents.
6. All the respondents filed the written statements and denied the claim of the petitioners.
7. Respondent No.3 i.e The New India Assurance Company Ltd has however, admitted the fact that vehicle bearing registration No. PB- 23F-2123 was insured with it vide policy No. 361200/31/07/01/00005274 valid from 29/01/08 to 28/01/09.
8. Vide order dated 23/09/08 of my Ld. Predecessor in all three claim petitions, the petitioners were awarded interim compensation of Rs. 50,000/- with interest in each case.
9. Following issues were also framed in all three cases on 23/09/08 by my Ld. Predecessor
1.Whether the deceased died on account of negligent driving by Respondent No.1 by vehicle No. PB-23F-2123(Truck)?
2.Whether the petitioners are entitled to any compensation, if so, to what amount and from whom?
3.Relief.
6
10. Petitioners examined Sh. Bishambar Dayal as PW-1; Sh. Rattan Lal as PW-2; Sh. Deepak Kumar as PW-3; Sh Dharam Chand as PW-4 and Sh. Pushpender Kumar as PW-5 in petitioner(s) evidence.
11. Despite opportunity, no respondent evidence was led.
12. I have heard the Ld. Counsels for the parties, perused the record and given my thoughts to the rival contentions put forth. My issue wise findings are as under:-
ISSUE NO.1
13. PW-4 deposed that on the fateful night he was on scooter behind the motor cycle, driven by Sh. Rohit having on pillion seat Sh. Mohan and Sh. Nitin, at normal speed, slowly, vigilantly on correct side of the road. When they reached at Jakhira Flyover, opposite Hindustan Ltd, Delhi, the Truck No. PB-23F-2123, driven by respondent No.1 at high speed rashly and negligently came from behind, PW-4 moved his scooter at the end of left side and saw the said truck hitting he motor cycle aforesaid, driven by Sh. Rohit from back side, causing the fall of the motor cycle and three persons on it resulting in serious injuries on their persons and 7 consequently their death.
14. Neither respondent No.1 has entered in the witness box to testify in contrary to the version of PW-1. There is nothing on record to discard or disbelieve the testimony of PW1 either in toto or in particular.
15. The triple riding on a two wheeler may be a separate and distinct offence but that per se would not be sufficient to infer the rashness or negligence on the part of the driver of two wheeler in an accident. Herein what has been alleged and proved on record is that the mechanically propelled heavy vehicle viz., truck in question had hit the motor cycle from the back side. A driver of a mechanically propelled heavyvehicle is under bounden duty to observe necessary care and caution for avoiding striking other vehicles and and persons ahead. Having failed to observe such caution and having struck the motor cycle from behind, the respondent No.1 was berserk locomotion and negligent.
16. In terms of the certified copy of the post mortem on the body of Sh. Mohan, the cause of death opined is ' Head injury subsequent to RTA' 8
17. In terms of the certified copy of the post mortem on the body of Sh. Rohit, the cause of death opined is ' Head injury caused by blunt force impact'.
18. In terms of the certified copy of the post mortem on the body of Sh. Nitin, the cause of death opined is ' Hemorrhagic shock caused by laceration of liver and chest wall c multiple fracture followed by RTA '
19. Aforesaid discussions lead me to the conclusion that the petitioners have been able to prove that deceased sustained fatal injuries due to rash and negligent driving of respondent No.1. Issue No.1 is decided in favour of the petitioners and against the respondents in all the claim petitions.
ISSUE NO. 2 IN SUIT NO. 1002/08
20. The appropriate method of calculating the compensation in fatal cases is multiplier method. In catena of decisions, the Hon'ble Supreme Court of India had held that in India the multiplier method is appropriate for calculation of compensation. It was so enunciated by their Lordship Wright in "Davies Vs. Powell Duffregn Associated Collieries Ltd" reported in 1942 AC601, that the appropriate method to calculate compensation is the 9 multiplier method. In the cases of 'General Manager, Kerela State Road Transport Corporation, Trivendram Vs Susamma Thomas (Mrs.) & Ors', (1994) 2 SCC 176; ( 2 ) 'Managing Director, TNSTC Ltd. Vs K.I. Bindu & Ors'. (2005) 8SCC 473; (3) 'Gobald Motor Service Ltd. & Anr Vs RMK Veluswami & Ors', AIR 1962 SC 1 and of late, in the case of 'Syed Basheer Ahamad & Ors. V Mohd Jameel and Anr'. in Civil Appeal No. 10 of 2009, decided by the Division Bench of the Hon'ble Supreme Court on 06/01/2009, also in the case of ' Smt. Sarla Verma & ors Vs. Delhi Transport Corporation & Anr, reported in III (2009) ACC 708 (SC), decided by the Division Bench of the Hon'ble Supreme Court on 15/04/09, the payment of compensation in lump-sum to legal representatives of deceased by multiplier method has been approved.
21. Starting point for calculating amount of compensation to be paid to dependents of deceased in a motor accident claim is the amount of monthly income which the deceased was earning; then there is an estimate of what was required for his personal and living expenses. The balance will generally be turned into lump sum by taking certain number of years of purchase. The choice of multiplier is ascertained by the age of the deceased or that of the claimant whichever is higher 10 MULTIPLICAND
22. PW-1, the father of the deceased Sh. Mohan deposed that his son Sh. Mohan was 9th class fail, was a bachelor, stating his monthly income to be Rs. 6500/- per month being a shoe maker. There is no document of employment, monthly earnings of the deceased placed on record nor proved by the petitioners. As per the copy of the School Leaving Certificate mark 'A' of year 1999, then the deceased Mohan was a student of 9th class, his date of birth mentioned therein is 03/11/1981. In terms thereof, he was of age 26 years plus as on the date of accident.
23. In absence of any cogent evidence, documentary or otherwise, to establish the earnings of the deceased, the monthly income of the deceased is determined on the basis of the minimum wages notified under the Minimum Wages Act by the Delhi Government in the category of a non- matriculate person, which was Rs. 3826/- on the day of accident.
24. Noting that to neutralize increase in cost of living and price index, minimum wages are increased from time- to-time. Minimum wages tend to increase by 100% every 10 years.
11
25. It is now well settled that while estimating future loss of income, the Court has to take into account future prospects of the injured/deceased. [ See (1) K. Narsimha Murthi V. The Manager, Oriental Insurance Co. Ltd. & Anr.,reported in 2004 ACJ 1109; (2)Oriental Insurance Co. Ltd. Vs. Vijay Kumar Mittal, reported in III(2007)ACC 676 and (3) Santosha Devi Vs. Abdul Kareem & Ors, in MAC Appeal No.440/2009, decided by Hon'ble Mr. Justice J.R. Midha on 08/10/09.]
26. Thus, Tribunal has to consider future increase in minimum wage while awarding compensation to the dependents of deceased.
27. Benefit of future increase in the income of the deceased is to be given. Thus mean average income of the deceased is determined as Rs. 5739/- per month [{minimum wage+ double the minimum wage} divided by 2] for purpose of computation of compensation in this case.
28. Since the deceased was bachelor and in terms of law laid in the case of Smt. Sarla Verma, petitioner No.1, the father of the deceased being the earning person, only petitioner No.2, the mother of the deceased was the dependent on the earning of the deceased Petitioner No.3 being 12 daughter of petitioner No.1 was dependent on the earnings of petitioner No.1.
29. In terms of law laid in the case of Sarla Verma & Ors (supra), 50% deduction is to be made from the monthly income of deceased for his personal and living expenses. The said deduction is Rs. 2869/50 p. The monthly loss of dependency is accordingly Rs. 2869/50 p.- (Rs. 5739/- minus Rs.2869/50 p.).
MULTIPLIER
30. As per copy of Identity Card of Election Commission of India, petitioner No.1, Ex. PW1./2, he was of age 62 years as on the date of accident.
31. As per the copy of identity card of Election Commission of India, petitioner No.2, the mother of the deceased was of age 57 years as on the date of accident.
32. In terms of law laid in the case of New India Assurance Co. Limited Vs. Shanti Pathak & Ors, reported in III(2007)ACC 505(SC), the multiplier is to be adopted on the basis of age of deceased or that of 13 claimant whichever is higher. As per law laid in case of Syed Basheer Ahamed(supra), the multiplier is to be adopted as per age of the mother of deceased.
33. In terms of the law laid by the Apex Court in case of ' Smt. Sarla Verma & Ors (Supra), since the age of the mother of the deceased, petitioner No.2 was 57 years as on the date of accident, the multiplier of 9(for the age group of 56 to 60 years) is to be applied in this case. Accordingly the total loss of dependency to petitioner No.2, the mother of the deceased would be Rs. 3,09,906/- (Rs. 2869/50 p. x12x9). COMPENSTION FOR LOSS OF ESTATE
34. In terms of law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra), the claimants are entitled to sum of Rs. 10,000/- under the head of loss of estate.
COMPENSATION TOWARDS FUNERAL EXPENSES
35. In view of the law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra) , the claimants are entitled to Rs. 5,000/- under this head.
COMPENSATION FOR LOSS OF LOVE AND AFFECTION.
36. No amount would suffice to compensate the loss of love and 14 affection to petitioners. Yet, relying upon the pronouncements of the Hon'ble Mr. Justice J. R. Midha in case of ' Rajesh Tyagi & ors Vs. Jaibir Singh & Ors as FAO No. 842/2003, orders dated 08/05/09, the claimants, three in number, are entitled to sum of Rs. 10,000/- each i.e., totalling Rs. 30,000/- as loss of love and affection.
37. In view of the above discussion, the total compensation to which the petitioners are entitled to comes as under:-
1. Compensation for Loss of dependency Rs. 3,09,906/-
2. Compensation for loss of estate Rs. 10,000/-
3. Compensation for funeral expenses Rs. 5,000/-
4. Compensation for loss of love and affection Rs. 30,000/-
_____________ Rs. 3,54,906/-
Less Interim Compensation - Rs. 50,000/-
Balance payable sum ____________
Rs. 3,04,906/-
____________
38. In view of the above discussions, Issue No.2 is decided in favour of the petitioners and against the respondents. Petitioners are, thus, entitled to Rs. 3,04,906/- as compensation alongwith interest @ 7.5 % per annum from the date of filing of the petition till its realization from the respondents, payable by Insurer.
15ISSUE NO. 2 IN SUIT NUMBER 1003/08
39. PW-2 Sh. RattanLal testified that his son Sh. Rohit was an Executive, Direct Sales Team-ICICI Bank Ltd and getting salary of Rs. 6000/- per month. Petitioners have not led any cogent evidence for the employment and earnings of the deceased. The employer of deceased has not been examined nor the salary certificate of deceased has been proved.
40. As per Ex. PW2/3, Identity Card of National Institute of Open Schooling course and as per the marks statements, deceased Sh Rohit had not passed the Secondary School Examination, April, 2006 of National Institute of Open Schooling .
41. As per Ex. PW2/2, the copy of the driving licence of deceased, his date of birth was 21/08/1985. In terms thereof, as on the date of accident, the deceased was about 22 ½ years old.
42. In absence of any cogent evidence, documentary or otherwise, to establish the earnings of the deceased, the monthly income of the deceased is determined on the basis of the minimum wages notified under the Minimum Wages Act by the Delhi Government in the category of a non- 16 matriculate person, which was Rs. 3826/- on the day of accident.
43. In view of above discussion, in finding of issue No.2 of Suit No.1002/08, this Tribunal has to consider future increase in minimum wage while awarding compensation to the dependents of deceased.
44. Benefit of future increase in the income of the deceased is to be given. Thus mean average income of the deceased is determined as Rs. 5739/- per month [{minimum wage+ double the minimum wage} divided by 2] for purpose of computation of compensation in this case.
45. Since the deceased was bachelor and in terms of law laid in the case of Smt. Sarla Verma, petitioner No.1, the father of the deceased being the earning person, petitioner No.2, the mother of the deceased was the dependent on the earning of the deceased.
46. In terms of law laid in the case of Sarla Verma & Ors (supra), 50% deduction is to be made from the monthly income of the deceased for his personal and living expenses. The said deduction is Rs. 2869/50 p. The monthly loss of dependency is accordingly Rs. 2869/50 p.- (Rs. 5739/- 17 minus Rs.2869/50 p.).
MULTIPLIER
47. As per Ex.PW2/5, the copy of Identity Card of Election Commission and as per Ex. PW2/6, copy of Identity Card of Election Commission, both parents of deceased, petitioners No.1 & 2 were of age 42 years as on the date of accident.
48. In terms of the law laid by the Apex Court in case of ' Smt. Sarla Verma & Ors (Supra), since the age of the parents of deceased was 42 year as on the date of accident, the multiplier of 14 (for the age group of 41 years to 45 years) is to be applied in this case. Accordingly the total loss of dependency to petitioners would be Rs. 4,82,076/- (Rs. 2869/50 p. x12x14).
COMPENSTION FOR LOSS OF ESTATE
49. In terms of law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra), the claimants are entitled to sum of Rs. 10,000/- under the head of loss of estate.
COMPENSATION TOWARDS FUNERAL EXPENSES
50. In view of the law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra) , the claimants are entitled to Rs. 5,000/- under 18 this head.
COMPENSATION FORLOSS OF LOVE AND AFFECTION.
51. No amount would suffice to compensate the loss of love and affection to petitioners. Yet, relying upon the pronouncements of the Hon'ble Mr. Justice J. R. Midha in case of ' Rajesh Tyagi & ors Vs. Jaibir Singh & Ors as FAO No. 842/2003, orders dated 08/05/09, the claimants, two in number, are entitled to sum of Rs. 10,000/- each i.e., totalling Rs. 20,000/- as loss of love and affection.
Compensation for the expenses incurred on medical treatment on deceased before expiry
52. The petitioners have placed on record the medical bills for expenses incurred on treatment of deceased before expiry. Total of these bills comes to Rs. 2,641/50 p, rounded off to Rs. 2,642/-.The petitioners are, therefore, entitled to sum of Rs. 2,642/-as compensation for such medical expenses incurred before expiry of deceased.
53. In view of the above discussion, the total compensation to which the petitioners are entitled to comes as under:-
1.Compensation for Loss of dependency Rs. 4,82,076/-
2.Compensation for loss of estate Rs. 10,000/- 3Compensation for funeral expenses Rs. 5,000/-
4.Compensation for loss of love and affection Rs. 20,000/-
5.Compensation for the expenses incurred on Rs. 2,642/- 19
medical treatment before expiry of deceased _____________ Rs. 5,19,718/-
Less Interim Compensation - Rs. 50,000/-
Balance payable sum ____________
Rs. 4,69,718/-
____________
54 In view of the above discussions, Issue No.2 is decided in favour
of the petitioners and against the respondents. Petitioners are, thus, entitled to Rs. 4,69,718/- as compensation alongwith interest @ 7.5 % per annum from the date of filing of the petition till its realization from the respondents, payable by Insurer.
ISSUE NO. 2 IN SUIT NUMBER 1030/08
55. PW-3 Sh. Deepak Kumar testified that his son Sh. Nitin was working as Salesman at Mangol Puri, Delhi and earning Rs. 6000/- per month.
56. As per copy of the School Leaving Certificate, the date of birth of deceased Nitin was 09/08/1981 and he had compartment in Maths in exam of 10th class. The deceased had accordingly not passed class 10th and was a non-matriculate and was of age 26 years plus as on the date of accident. 20
57. In absence of any cogent evidence, documentary or otherwise, to establish the earnings of the deceased, the monthly income of the deceased is determined on the basis of the minimum wages notified under the Minimum Wages Act by the Delhi Government in the category of a non- matriculate person, which was Rs. 3826/- on the day of accident.
58. In view of above discussion, in finding of issue No.2 of Suit No.1002/08, this Tribunal has to consider future increase in minimum wage while awarding compensation to the dependents of deceased.
59. Benefit of future increase in the income of the deceased is to be given. Thus mean average income of the deceased is determined as Rs. 5739/- per month [{minimum wage+ double the minimum wage} divided by 2] for purpose of computation of compensation in this case.
60. The deceased was married and the dependents on his earnings are his widow and parents. In terms of law laid in the case of Sarla Verma & Ors (supra), 1/3rd deduction is to be made from his monthly income for his personal and living expenses. The said deduction is Rs. 1913/- The 21 monthly loss of dependency is accordingly Rs. 3826/-.
61. As per copy of ration card, petitioner No.1 the widow of the deceased was of age 20 years.
62. As per the copy of ration card, petitioner No.2, mother of the deceased was of age 44 years as on the date of accident. As per Ex. PW3/1, the copy of Identity Card of Election Commission of India, petitioner No.3 , the father of the deceased was of age 47 years as on the date of accident.
MULTIPLIER
63. Considering the young age of the widow of the deceased and long life ahead of her to be led and several kind of expenses required to be met to survive, I find it expedient in the interest of justice to adopt the multiplier as per the age of the deceased i.e. 26 years plus and not as per the age of the any of parents of the deceased.
64. In terms of the law laid by the Apex Court in case of ' Smt. Sarla Verma & Ors (Supra),since the age of the deceased was26 years as on the date of accident, the multiplier of 17(for the age group of 26 to 30 years) is 22 to be applied in this case. Accordingly the total loss of dependency to petitioners would be Rs. 7,80,504 (Rs. 3826X12x17). COMPENSTION FOR LOSS OF CONSORTIUM
65. In terms of law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra), the wife of the deceased is entitled to sum of Rs. 10,000/- under the head of loss of consortium. COMPENSTION FOR LOSS OF ESTATE
66. In terms of law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra), the claimants are entitled to sum of Rs. 10,000/- under the head of loss of estate.
COMPENSATION TOWARDS FUNERAL EXPENSES
67. In view of the law laid by the Apex Court in the case of Smt. Sarla Verma & Ors (Supra) , the claimants are entitled to Rs. 5,000/- under this head.
COMPENSATION FOR LOSS OF LOVE AND AFFECTION.
68. No amount would suffice to compensate the loss of love and affection to petitioners. Yet, relying upon the pronouncements of the Hon'ble Mr. Justice J. R. Midha in case of ' Rajesh Tyagi & ors Vs. Jaibir Singh & Ors as FAO No. 842/2003, orders dated 08/05/09, the claimants, three in number, are entitled to sum of Rs. 10,000/- each i.e., totalling Rs. 23 30,000/- as loss of love and affection.
69. In view of the above discussion, the total compensation to which the petitioners are entitled to comes as under:-
1.Compensation for Loss of dependency Rs. 7,80,504/-
2.Compensation for loss of consortium Rs. 10,000/-
3.Compensation for loss of loss of estate Rs. 10,000/-
4.Compensation for funeral expenses Rs. 5,000/-
5.Compensation for loss of love and affection Rs. 30,000/-
_____________ Rs. 8,35,504/-
Less Interim Compensation - Rs. 50,000/-
Balance payable sum ____________
Rs. 7,85,504/-
____________
70. In view of the above discussions, Issue No.2 is decided in favour of the petitioners and against the respondents. Petitioners are, thus, entitled to Rs. 7,85,504/- as compensation alongwith interest @ 7.5 % per annum from the date of filing of the petition till its realization from the respondents, payable by Insurer.
RELIEF IN SUIT NO.1002/08
71. In view of above discussions, it is hereby held that petitioners are, thus, entitled to Rs. 3,04,906/- as compensation alongwith interest @ 7.5 % per annum from the date of filing of the petition till its realization from the respondents, payable by respondent No.3,New India Assurance Co.Ltd. 24 RELIEF IN SUIT NO.1003/08
72. In view of above discussions, it is hereby held that petitioners are, thus, entitled to Rs. 4,69,718/- as compensation alongwith interest @ 7.5 % per annum from the date of filing of the petition till its realization from the respondents,payable by respondent No.3,New India Assurance Co. Ltd. RELIEF IN SUIT NO.1030/08
73. In view of above discussions, it is hereby held that petitioners are, thus, entitled to Rs. 7,85,504/- as compensation alongwith interest @ 7.5 % per annum from the date of filing of the petition till its realization from the respondents,payable by respondent No.3,New India Assurance Co. Ltd. APPORTIONMENT TO BE IN FOLLOWING MANNER:-
APPORTIONMENT IN SUIT No. 1002/08
1. Sh. Bishambar Dayal (father) Rs. 18,000/-
(Share of compensation for loss of estate, funeral expense & loss of love & affection)
2. Smt. Kiran Dei (mother) Rs. 2,73,906/-
3. Ms. Geeta (sister) Rs. 13,000/-
74. Since the amount awarded should not be frittered away by beneficiaries owing to the ignorance, illiteracy etc., the Hon'ble Supreme Court of India in a case titled 'G. M. Kerala State Road Transport Corporation Vs. Susamma Thomas' reported in 1994(2) SCC 176, has 25 laid guidelines pronouncing that in a case of compensation for death, it is appropriate that Tribunals do keep in mind the principles enunciated by this court in 'Union Carbide Corporation Vs. Union of India', 1991(4) SCC 584, in the matter of appropriate investments to safeguard the feed from being frittered away by the beneficiaries owing to ignorance, illiteracy and susceptible to exploitation. Guidelines inter alia included of investment of share of the claimants in FDRs in nationalized banks with conditions that bank will not permit any loan or advance on the fixed deposits and interest on the amount invested is paid monthly / periodically directly to the claimant and such investment may be made in more than one fixed deposit. In case of any exigency, claimants are at liberty to apply to Tribunal for withdrawal of such investment.
75. In terms thereof, out of the award amount, 50% amount of petitioner No.2 be invested in shape of two FDRs of equal (almost) in the name of the said claimant/ petitioner for a period of 5 years in State Bank of India. The FDRs shall have no facility of loan or advance. Petitioner can withdraw the interest monthly . However, petitioner/claimant is at liberty to take steps for premature encashment in case of exigency, as per law laid before this Tribunal.
26APPORTIONMENT IN SUIT No.1003/08
1. Sh. Rattan Lal Rs. 22,642/-
(Share of compensation for loss of estate, funeral expense & loss of love & affection & medical expenses incurred on deceased before expiry)
2. Smt. Chanchal (Mother) Rs. 4,47,076/-
76. In terms thereof, out of the award amount, 50% amount of petitioner No.2 be invested in shape of Four FDRs of equal (almost) in the name of the said claimant/ petitioner for a period of 5 years in State Bank of India. The FDRs shall have no facility of loan or advance. Petitioners can withdraw the monthly interest. However, petitioner/claimant is at liberty to take steps for premature encashment in case of exigency, as per law laid before this Tribunal.
APPORTIONMENT IN SUIT NO. 1030/08
1. Smt. Kamni (wife) Rs. 4,67,504/-
2. Smt.Anarkali(mother) Rs. 3,00,000/-
3.Sh. Deepak Kumar(father) (Share of compensation for loss of estate, funeral expense & loss of love & affection) Rs. 18,000/-
77. In terms thereof, out of the award amount, 50% amount of petitioner No.1 be invested in shape of four FDRs of equal (almost) in the name of the said claimant/ petitioner for a period of 7 years in State Bank 27 of India. 50% amount of petitioner No.2 be invested in shape of two FDRs of equal (almost) in the name of the said claimant/ petitioner for a period of 5 years in State Bank of India. The FDRs shall have no facility of loan or advance. Petitioners can withdraw the monthly interest. However, petitioners/claimants are at liberty to take steps for premature encashment in case of exigency, as per law laid before this Tribunal.
78. State Bank of India,Tis Hazari, has agreed to open Special Fixed Deposit Accounts for the victims of road accidents.
79. Aforesaid fixed deposits are to be made by State Bank of India, Tis Hazari in the following manner:-
(1) The State Bank of India,Tis Hazari, shall open separate Savings Accounts in the name of claimants and the entire interest on the aforesaid fixed deposits be credited in the said account, (2) The interest on the aforesaid fixed deposits shall be paid monthly by automatic credit of interest in the Savings Account.28
(3) Withdrawal from the aforesaid account shall be permitted to the claimants after due verification and the Bank shall issue photo identity Cards /Pass Books with attested photographs to claim to facilitate her identity.
(4) No cheque book be issued to the claimant without the permission of this Court.
(5) Half yearly statement of accounts be filed by the Bank in this Court.
(6) The original FDRs shall be retained by the Bank in the Safe custody. However, the original Pass Books shall be given to the claimants alongwith the photocopies of the FDRs. (7) The original Fixed Deposit Receipts shall be handed over to the claimants at the end of the fixed deposits period. (8) No loan, advance or withdrawal shall be allowed on the said FDRs without the permission of this Court. (9) On the request of the claimants, the Bank shall transfer the Saving Account to any other branch of State Bank of India according to the convenience of the claimants. 29
80. Respondent No.3 / The New India Assurance Co. Ltd.is directed to deposit the cheques in the names of the petitioners/claimants within 30 days.
File be consigned to Record Room.
Announced in open court (Gurvinder Pal Singh)
today i.e. 18/01/10 Judge, MACT(West)
Delhi.