MAC.APP.No.541/2008 Page 1 of 5 18 *IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.541/2008 Date of Decision: 19th February, 2010 % ANIL KHOSLA ..... Appellant Through : Mr. S.N. Parashar, Adv. versus MAHESH KUMAR & ORS ..... Respondents Through : Mr. Amit Kumar Pandey, Adv. for R-3. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA 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 compensation of Rs.21,15,000/- has been awarded to the appellant. The appellants seek enhancement of the award amount. 2. The accident dated 16th April, 2004 resulted in the death of Varun Khosla. The deceased was survived by his parents who filed the claim petition before the learned Tribunal. 3. The deceased was aged 24 years at the time of the accident and was working as Territory Manager with DHL Worldwide Express (India) Pvt. Ltd. drawing a salary of MAC.APP.No.541/2008 Page 2 of 5 Rs.25,666/- per month. 4. The learned Tribunal took the income of the deceased as Rs.21,166/- per month, deducted 1/2 towards the personal expenses of the deceased and applied the multiplier of 11 to compute the loss of dependency at Rs.20,95,434/-. The learned Tribunal has awarded Rs.10,000/- towards funeral expenses and Rs.10,000/- towards loss of love and affection. The total compensation awarded is Rs.21,15,000/-. 5. The learned counsel for the appellants has urged the following grounds at the time of hearing of this appeal:- (i) Provident Fund of Rs.2,200/- be taken into consideration for computation of compensation. (ii) The compensation be awarded for loss of estate. (iii) The rate of interest be enhanced from 7% per annum to 7.5% per annum. 6. The deceased was working as Territory Manager with DHL Worldwide Express (India) Pvt. Ltd. His appointment letter was proved as Ex.PW4/B and the salary certificate was proved as Ex.PW4/C. As per Ex.PW4/C, the salary of the deceased at the time of the accident was Rs.25,666/- per month out of which Rs.2,200/- was deducted towards provident fund and Rs.2,300/- towards Income Tax. The net monthly salary of the deceased was Rs.21,166/- which has been taken into consideration by the learned Tribunal. The provident fund of Rs.2,200/- also forms part of the salary and is, therefore, taken into consideration. The income of the MAC.APP.No.541/2008 Page 3 of 5 deceased for computation of compensation is taken to be Rs.23,366/- per month (Rs.21,166 + Rs.2,200). Adding 50% towards future prospects, deducting 1/2 towards personal expenses and applying the multiplier of 11, the loss of dependency is computed to be Rs.23,13,234/- [(Rs.23,366 + 50% of Rs.23,366) x 1/2 x 12 x 11]. 7. The learned Tribunal has not awarded any compensation for loss of estate. Rs.10,000/- is awarded towards loss of estate. 8. The learned Tribunal has awarded interest @7% per annum. Following the judgment of the Hon’ble Supreme Court in the case of Dharampal vs. U.P. State Road Transport Corporation, III 2008 ACC (1) SC, the rate of interest is enhanced from 7% per annum to 7.5% per annum. 9. The appellants are entitled to total compensation of Rs.23,43,234/- (Rs.23,13,234 + Rs.10,000 + Rs.10,000 + Rs.10,000). 10. The appeal is allowed and the award amount is enhanced from Rs.21,15,000/- to Rs.23,43,234/- along with interest @7.5% per annum from the date of filing of the petition till realization. 11. The enhanced award amount along with interest be deposited by respondent No.3 with UCO Bank A/c Pawan Khosla, Delhi High Court Branch through Mr. M.M. Tandon, Member-Retail Team, UCO Bank Zonal, Parliament Street, New Delhi (Mobile No. 09310356400) within 30 days. MAC.APP.No.541/2008 Page 4 of 5 12. Upon the aforesaid deposit being made, the UCO Bank is directed to release 50% of the same to the appellants by transferring the same to their Saving Bank Account. The remaining 50% amount be kept in fixed deposit for a period of three years on which monthly interest be paid to the appellants. 13. The interest on the aforesaid fixed deposit shall be paid monthly by automatic credit of interest in the Savings Account of the appellants. 14. Withdrawal from the aforesaid account shall be permitted to the appellants after due verification and the Bank shall issue photo Identity Card to the appellants to facilitate identity. 15. No cheque book be issued to the appellants without the permission of this Court. 16. The original Fixed Deposit Receipt shall be retained by the Bank in the safe custody. However, the original Pass Book shall be given to the appellants along with the photocopy of the FDR. 17. The original Fixed Deposit Receipt shall be handed over to the appellants on the expiry of the period of the FDR. 18. No loan, advance or withdrawal shall be allowed on the said fixed deposit receipt without the permission of this Court. 19. Half yearly statement of account be filed by the Bank in this Court. MAC.APP.No.541/2008 Page 5 of 5 20. On the request of the appellants, the Bank shall transfer the Savings Account to any other branch of UCO Bank according to the convenience of the appellants. 21. The appellants 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. 22. Copy of the order be given dasti to counsel for both the parties under signature of the Court Master. 23. 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 under the signature of Court Master. J.R. MIDHA, J FEBRUARY 19, 2010 mk