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Judgment
J.R. MIDHA JUDGMENT (ORAL)
The appellant has challenged the award of the Claims Tribunal whereby the compensation of Rs.39,53,000/- has been awarded to the claimants.
The appellant is seeking reduction of the award amount. The accident dated 25th September, 2015 resulted in the death of Amit Manchanda. The
deceased was aged about 33 years at the time of accident and was survived by his widow, one minor daughter, one minor son and parents who
claimed compensation.
The deceased was working as an Assistant Manager with Asian Institute of Medical Science and the Claims Tribunal took the income of deceased
as Rs.2,43,775/- per annum, added 50% towards future prospects, deducted 1/4th towards his personal expenses and applied multiplier of 16 to
compute the loss of dependency as Rs. 43,87,950/-. 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 Claims Tribunal deducted Rs.5,00,000/- received by the claimants from the insurance
company towards the personal accident insurance cover taken by the employer of the deceased. The total compensation awarded is Rs.39,53,000/-.
Learned counsel for the appellant urged at the time of hearing that the deceased was contributory negligent. It is further submitted that the
multiplier be reduced from 16 to 15.
With respect to the issue of negligence, the claimants examined the eye witness, Khem Raj who appeared as PW-2 and deposed that accident
occurred due to rash and negligent driving of the bus driver. The appellant did not cross examine the PW-2. The appellant did not rebut the evidence
of PW-2. The appellant examined their senior law officer as R1W1 who had no personal knowledge of the facts of the case. In that view of the
matter, there is no infirmity in the findings of the Claims Tribunal on the issue of negligence.
The Claims Tribunal has applied the multiplier of 16 considering the age of the deceased as 33 years. There is no infirmity in the multiplier applied
by the Claims Tribunal. The appropriate multiplier at the age of 33 is 16 in Schedule II as corrected by the Supreme Court in Sarla Verma v. Delhi
Transport Corporation, (2009) 6 SCC 121.
The compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference. The appeal is dismissed.
The respondents No.1, 2 and 5 are present in Court has have produced the passbooks of respondents No.1 to 5 with the necessary endorsement.
The particulars of the savings bank accounts of respondents No.1 to 5 are as under:
(i) Respondent No.1, Yogita Savings Bank A/c No.37409256424 with State Bank of India, Khureji Khas Branch, Delhi, IFSC Code: SBIN0003398
(ii) Respondent No.2, Nitika Manchanda @ Baby Nitika Manchanda Savings Bank A/c No.37443841367 with State Bank of India, Khureji Khas,
Delhi Branch, IFSC Code: SBIN0003398
(iii) Respondent No.3, Jagrit Manchanda @Master Jagrit Manchanda Savings Bank A/c No.37409156236 with State Bank of India, Khureji Khas,
Delhi Branch, IFSC Code: SBIN0003398
(iv) Respondent No.4, Kesar Das Manchanda @ Kesar Dass Savings Bank A/c No.37442430415 with State Bank of India, Khureji Khas, Delhi
Branch, IFSC Code: SBIN0003398
(v) Respondent No.5, Vineeta Devi @ Vinita Devi Manchanda Savings Bank A/c No.37442431736 with State Bank of India, Khureji Khas, Delhi
Branch, IFSC Code: SBIN0003398
The appellant has deposited Rs.30 lakh with the Registrar General of this Court in terms of order dated 11th April, 2018. The Registrar General is
directed to disburse the said amount to respondents No.1 to 5 by instructing UCO Bank, Delhi High Court Branch as under:
(i) Rs.10 lakh be kept in 100 FDRs of Rs.10,000/- each, in the name of respondent No.1, for the period 1 month to 100 months respectively, with
cumulative interest.
(ii) Rs.10 lakh be kept in 100 FDRs of Rs.10,000/- each, in the name of respondent No.5, for the period 1 month to 100 months respectively, with
cumulative interest.
(iii) Rs.3 lakh be kept in FDR in the name of respondent No.2 till she attains the age of majority with cumulative interest. Upon attaining the age of
majority, the interest accrued on the FDR be released to respondent No.2 in her savings bank account near the place of her residence and the
principal amount of Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each, in the name of respondent No.2 for the period 1 month to 30 months
respectively, with cumulative interest.
(iv) Rs.3 lakh be kept in FDR in the name of respondent No.3 till he attains the age of majority with cumulative interest. Upon attaining the age of
majority the interest accrued on the FDR be released to respondent No.3 in his savings bank account near the place of his residence and the principal
amount of Rs.3,00,000/- be kept in 30 FDRs of Rs.10,000/- each, in the name of respondent No.3 for the period 1 month to 30 months respectively,
with cumulative interest.
(v) The balance amount, after keeping Rs.26 lakhs in FDRs, be released to respondents No.1, 4 and 5 in equal shares by transferring the same to their
aforesaid savings bank accounts.
At the time of maturity, the maturity amount of the FDRS shall be credited in the individual savings bank account of respondents No.1, No.2, No.3
and No.5.
All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, amount, date of
maturity and maturity amount shall be furnished to respondents No.1, No.2, No.3 and No.5.
No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
The appellant is directed to deposit the balance award amount with the Registrar General of this Court within four weeks.
List for reporting compliance and disbursement of the balance award amount on 12th October, 2018.
Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.