Punjab-Haryana High Court
Santosh Bala And Ors vs M/S Citco India Pvt. Ltd. & Ors on 12 December, 2023
Neutral Citation No:=2023:PHHC:159258
FAO-1384-1993 (O&M) 2023:PHHC:159258 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
233 FAO-1384-1993 (O&M)
Date of decision :12.12.2023
Santosh Bala and others .....Claimant-Appellants
Versus
M/s Citco India Private Limited and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: None for the appellants.
Mr. Deepak Suri, Advocate
for respondent No.3-Insurance Company.
AMAN CHAUDHARY, J.
1. The present appeal has been filed by the claimant-appellants for enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Ludhiana (for short 'the Tribunal') vide award dated 28.04.1993, on account of death of Bal Krishan in a motor vehicular accident.
2. This is a reconstructed case, as the original file was burnt in the fire that broke out in the concerned branch in the year 2011. Since the case is pending for the last more than 30 years, the counsel for the insurance company has no objection, if the same is decided on the basis of the available record.
3. It has been stated in the grounds of appeal that the deceased, 42 years old at the time of accident, was running a business of selling expeller parts and earning Rs.4000/- per month, however, the Tribunal assessed the monthly dependency to the tune of Rs.1500/- per month, which is inadequate. The multiplier of 24 should have been applied. He left behind a wife and three minor children, one son and two daughters. The 1 of 3 ::: Downloaded on - 15-12-2023 23:19:36 ::: Neutral Citation No:=2023:PHHC:159258 FAO-1384-1993 (O&M) 2023:PHHC:159258 2 compensation granted is on the lower side and nothing has been awarded towards future prospects of increase in income, loss of consortium, loss of love & affection and funeral expenses.
4. On the other hand, the learned counsel for the insurance company has opposed the present appeal and states that multiplier already applied is on the higher side as the deceased was 42 years, as per postmortem report Ex.A1, otherwise, just and reasonable compensation has already been awarded to the appellants.
5. Heard and perused the record.
6. Admittedly, the death of Bal Krishan occurred in a vehicular accident caused by respondent No.2- driver of the offending truck. So far as the fact of accident and manner of its taking place, as well as liability fastened upon the driver, owner and insurer of the offending vehicle, to be joint and several are concerned, it is pertinent to mention that no challenge to the same has been made and thus, this issue does not warrant any further scrutiny.
7. A perusal of the award reveals that there being no evidence of income, the Tribunal has rightly considered the monthly dependency of Rs.1500/-. However, with regard to the enhancement of the compensation, this Court can make a profitable reference to the law laid down in Sarla Verma and others vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, National Insurance Company Limited vs. Pranay Sethi and others 2017(4) RCR (Civil) 1009 and Janabai vs. ICICI Lambord Insurance Co. Ltd., (2022) 10 SCC 512 and accordingly the appellants are held entitled to grant of future prospects to the extent of 25%, he being self-employed and also for the compensation under the conventional heads 2 of 3 ::: Downloaded on - 15-12-2023 23:19:37 ::: Neutral Citation No:=2023:PHHC:159258 FAO-1384-1993 (O&M) 2023:PHHC:159258 3 i.e. Rs.15,000/- for funeral expenses; Rs.15,000/- for loss of estate; Rs.1,20,000/- (40,000 x 3) for loss of love and affection to three minor children and Rs.40,000/- loss of consortium to wife. The deceased being 42 years, the multiplier of 14 should be applied. Further, there were four dependents at that time, the deduction of 1/4th ought to be made.
8. Accordingly, the total compensation comes to Rs.5,05,000/- (1500 (monthly dependency) + 25% (towards future prospectus) 12 x 14 (multiplier) + Rs.1,90,000/- (conventional head). Thus, the enhanced compensation of Rs.2,17,000/-, over and above the amount of Rs.2,88,000/- already awarded by the Tribunal, alongwith interest at the rate of 7.5% per annum from the date of filing of the present appeal, till its realization, shall be paid to the claimant-appellants as ordered by the Tribunal, within a period of 2 months from the date of receipt of a certified copy of this judgment, failing which, the amount shall accrue an interest as awarded by the Tribunal.
9. Modifying the award to the aforesaid extent, the present appeal is disposed of.
10. Registry is directed to send a copy of the judgment to the concerned Tribunal for necessary compliance.
12.12.2023 (AMAN CHAUDHARY)
Ankur JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:159258
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