Admit.
(K.S.
JHAVERI, J.) ORDER IN CIVIL APPLICATION NO. 13708 OF 2011
1. Rule.
Mr. Hiren Modi, learned advocate waives service of rule on behalf of opponent no. 1 & 2-original claimants-parents.
2. Heard the learned counsel for the parties. In view of the contention raised by the learned advocate for the applicant that the opponent no. 3 has refused to be joined as claimant in this case and that he was separated from his wife, prima facie it appears that 50% ought to have been deducted towards his personal expenses instead of 1/3 as deducted by the Tribunal. Therefore considering his monthly income at Rs. 6000/-, Rs. 3000/- ought to have been deducted. Therefore considering multiplier of 11, prima facie the future loss of income shall come to Rs. 396000/- (3000 x 12x 11).
3. Accordingly, interim relief in terms of para 5 (A) on condition that the applicant shall deposit the amount awarded by the Tribunal alongwith proportionate interest and costs within six weeks from today. Out of the amount of dependency loss being Rs. 396000/-, the parents of the deceased shall be at liberty to withdraw 30% of the Rs. 396000/- subject to the result of the first appeal. The remaining amount being 70% of Rs. 396000/- shall be invested by the Tribunal in the name of Registry of the Tribunal by way of a fixed deposit with a nationalised bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the appeal. The interest accruing on the said deposit shall be paid to the parents of the deceased quarterly.
4. The balance amount of Rs. 464000/- alongwith proportionate interest shall be invested by the Tribunal in the name of Registry of the Tribunal by way of another separate fixed deposit with a nationalised bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the appeal. The interest accruing on the said deposit shall be accumulated and added to the fixed deposit.
5. Both the Fixed Deposit Receipts shall be retained by the Tribunal. Civil Application is allowed accordingly. Rule is made absolute accordingly with no order as to costs.
(K.S. JHAVERI, J.) Divya// Top