Raman vs Uttar Haryana Bijli Vitran Nigam Lt.& ...

3. The brief facts are stated herein:

4. It is stated on behalf of the appellant that prior to this tragic incident, on 16.08.2011 the appellant's father along with other neighbours had approached the SDO, Chhajpur, Panipat i.e. respondent No. 3 through a representation, to remove the iron angle from the vicinity of the residential area, as it endangers the life of around 40 to 60 families which is densely populated. But no action was taken by him.

6. The said writ petition was opposed by the respondents by filing a written statement denying the allegations made therein stating that the iron angle found on the roof of the house was not installed by any employee of the respondent electricity department. It is stated by the respondents that the father of the appellant was to be squarely blamed for installing the insulator himself on the roof of the house on which high tension wire was erected to keep it at bay so as not to touch brick and mortal. Therefore, neither the first respondent-Uttar Haryana Bijli Vitran Nigam Ltd. nor its employees can be held responsible or accountable for the mishap occurred on the fateful day much less the damages or monetary compensation to be awarded in favour of the appellant herein.

vi) Since the above amount of Rs.30 lakhs would remain inaccessible to the petitioner for his use he would require running income to meet his daily expenses for paid caregivers/attendants or family help/labour equivalent to such expenses and other bare and sundry expenses, which are quantified at about Rs.20,000/- plus per month for life as at present. To earn interest of Rs.20,000/- per month a corpus of Rs. 30 lakhs is required to be invested in the Bank to earn interest @ 8.5% being current rates on long term fixed deposits. Therefore, in addition to Rs.30 Lakhs as awarded in direction (v), the respondent-Nigam would pay and deposit compensation of a further amount of Rs.30 lakhs to be kept in a separate interest bearing account in the same bank as directed under point no. (v), under the same joint guardianship arrangement. This will be an interest accruing account with interest proceeds available to meet the day-to-day needs of the petitioner. The interest so accrued will be transferred in a separate savings bank account to be opened in the same branch in minor Raman's name to be operated jointly by the parents payable to the petitioner on regular monthly basis to be applied for the care of the child by the parents, his educational expenses, nutritious food, costs of attendants/care givers to minister to him day after day etc. The above amount of Rs.30 lacks from which interest will be used for the petitioner from month to month will also not be allowed to be withdrawn for any purpose, till the petitioner attains the age of 21, without obtaining orders from this Court, if circumstances so warrant, except the monthly interest as directed. The State Bank of Patiala, Branch at Punjab and Haryana High Court, Chandigarh would open the said Savings Bank Account in the name of the minor; under the guardianship of mother and father and transfer the said savings Bank Account to the Branch nearest to the residence of the petitioner and the bank would remit the interest accrued thereon every month to the said savings account at Panipat Branch, to be auto-renewed till the petitioner reaches the age of 21 years. The amount is directed to be so deposited within 60 days of receipt of certified copy of this order failing which the amount will carry 8.5% interest till deposit in the bank where after the principal amount will earn interest at bank rates for fixed deposits from time to time."

(emphasis supplied)

19. In view of the law laid down by this Court in the above referred cases which are extensively considered and granted just and reasonable compensation, in our considered view, the compensation awarded at Rs. 60 lakhs in the judgment of the learned Single Judge of the High Court, out of which 30 lakhs were to be deposited jointly in the name of the appellant represented by his parents as natural guardian and the Chief Engineer or his nominee representing the respondent-Nigam in a nationalised Bank in a fixed deposit till he attains the age of majority, is just and proper but we have to set aside that portion of the judgment of the learned Single Judge directing that if he survives, he is permitted to withdraw the amount, otherwise the deposit amount shall be reverted back to the respondents as the same is not legal and valid for the reason that once compensation amount is awarded by the court, it should go to the claimant/appellant. Therefore, the victims/claimants are legally entitled for compensation to be awarded in their favour as per the principles/guiding factors laid down by this Court in catena of cases, particularly, in Kunal Saha's case referred to supra. Therefore, the compensation awarded by the Motor Vehicle Tribunals/Consumer Forums/State Consumer Disputes Redressal Commissions/National Consumer Disputes Redressal Commission or the High Courts would absolutely belong to such victims/claimants. If the claimants die, then the Succession Act of their respective religion would apply to succeed to such estate by the legal heirs of victims/ claimants or legal representatives as per the testamentary document if they choose to execute the will indicating their desire as to whom such estate shall go after their death. For the aforesaid reasons, we hold that portion of the direction the of the learned Single Judge contained in sub-para (v), to the effect of Rs. 30 lakhs compensation to be awarded in favour of the appellant, if he is not alive at the time he attains majority, the same shall revert back to the respondent-Nigam after paying Rs.5 lakhs to the parents of the appellant, is wholly unsustainable and is liable to be set aside. Accordingly, we set aside the same and modify the same as indicated in the operative portion of the order.

para(vi) of the judgment of the learned Single Judge shall be in the name of the appellant exclusively represented by his natural guardians/parents till he attains majority, the income that would be earned on such deposit amount can be drawn by the parents every month to be spent for personal expenses. The Bank in which the deposit is made in the name of Chief Engineer shall be deleted and the name of the appellant shall be entered as directed above. After attaining the age of majority, the appellant is at liberty to withdraw the above said amount also. If for any reason the appellant does not stay alive, his heirs/legal representatives can withdraw the said amount.

(e) The other directions in the judgment of the learned Single Judge to the respondents for compliance shall remain intact, the same shall be complied with and the report shall be submitted before the learned Single Judge.

The appeal is allowed in the above said terms, but without costs.

C.A. No. ......../2014 arising from SLP (C) No(s).8113/2014 RAMAN Petitioner(s) VERSUS UTTAR HARYANA BIJLI VITRAN NIGAM LT.& ORS Respondent(s) Date : 17/12/2014 This appeal was called on for pronouncement of JUDGMENT today.

CORAM :