Punjab-Haryana High Court
Shiv Shekhar Pathak And Anr vs Jainender @ Jaini And Anr on 13 March, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:036270
611
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6930-2011 (O&M)
Date of decision : 13.03.2024
Shiv Shekhar Pathak & Anr. ... Appellant(s)
Versus
Jainender @ Jaini & Anr. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Jagdish Manchanda, Advocate for the appellants.
None for respondent No.2.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant- appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Faridabad vide award dated 26.07.2011.
2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.
3. The Tribunal in the present case had awarded the following compensation :
Sr. Heads Compensation Awarded
No.
1 Monthly Income Rs.4,000/-
Yogesh Sharma
2024.03.14 09:30
I attest to the accuracy and
integrity of this order/judgment.
High Court Chandigarh
2024:PHHC:036270
FAO-6930-2011 (O&M) -2-
2 Annual Income [Rs.4,000x12]=Rs.48,000/-
3 Deduction 50% [Rs.48,000-24,000]=Rs.24,000/-
4 Multiplier - 9 [Rs.24,000x9]=Rs.2,16,000/-
5 Funeral expenses Rs.10,000/-
6 Love and affection Rs.5,000/-
7 Total Compensation Rs.2,31,000/-
Interest 6% per annum
4. Learned counsel for the claimant-appellants would contend that though the income of the deceased was rightly assessed as Rs.4,000/- per month and 50% deduction was applied correctly, however, multiplier '9' has wrongly been applied by the Tribunal, whereas it ought to have been '18' keeping in view the age of the deceased being 24 years at the time of the accident. It is further the contention of the learned counsel that no addition has been made towards future prospects which ought to have been 40% and that the amount awarded under the conventional heads as well as under the head 'loss of consortium' is also not in accordance with the law laid down by the Hon'ble Supreme Court. In support of his contentions he has relied upon the judgments of the Hon'ble Supreme Court in the cases of Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121], National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors. vs. Cholamandalam M.S General Insurance Company Ltd. [2021(4) RCR (Civil) 642].
Yogesh Sharma2024.03.14 09:30 I attest to the accuracy and integrity of this order/judgment.
High Court Chandigarh
2024:PHHC:036270
FAO-6930-2011 (O&M) -3-
5. None has put in appearance on behalf of respondent No.2- Insurance Company. Accordingly, it is proceeded against ex parte.
6. I have heard the learned counsel for the parties.
7. In the present case, the Tribunal has though rightly assessed the income of the deceased as Rs.4,000/- per month and also correctly applied deduction to the extent of 50%, however, multiplier '9' has wrongly been applied and hence, as per the law laid down by the Hon'ble Supreme Court in the case of Sarla Verma (supra), multiplier '18' would be applicable keeping in view the age of the deceased being 24 years at the time of the accident. Further, no addition has been made towards future prospects and hence as per the law laid down by the Hon'ble Supreme Court in the case of Pranay Sethi (supra), 40% addition is made towards future prospects. Further, the amount awarded under the conventional heads and under the head 'loss of consortium' is not as per the law laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra), Magma General Insurance Company Limited (supra) and N. Jayasree (supra) and hence, the claimant-appellants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and the claimant-appellants (parents of the deceased) would also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium. Accordingly, the reworked compensation is as under :
Yogesh Sharma 2024.03.14 09:30 I attest to the accuracy and
integrity of this order/judgment.
High Court Chandigarh
2024:PHHC:036270
FAO-6930-2011 (O&M) -4-
Sr. Heads Compensation Awarded
No.
1 Monthly Income Rs.4,000/-
2 Annual Income [Rs.4,000x12]=Rs.48,000/-
3 Deduction 50% [Rs.48,000-24,000]=Rs.24,000/-
4 Future Prospects - 40% [Rs.24,000+9,600]=Rs.33,600/-
5 Multiplier - 18 [Rs.33,600x18]=Rs.6,04,800/-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of consortium
(i) Filial [Rs.48,000/-x2] =Rs.96,000/-
Total Compensation Rs.7,36,800/-
8. The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 6% per annum from the date of filing of the claim petition till the realization of the entire amount.
The amount shall be apportioned between the claimant-appellants as directed by the Tribunal.
9. In view of the above discussion, the present appeal is allowed and the award passed by the Tribunal is modified accordingly. Pending applications, if any, also stand disposed off.
13.03.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.03.14 09:30 I attest to the accuracy and integrity of this order/judgment.
High Court Chandigarh