Punjab-Haryana High Court
Santto And Others vs Sant Baba Labh Singh Ji And Others on 7 November, 2024
Author: Sudeepti Sharma
Bench: Sudeepti Sharma
Neutral Citation No:=2024:PHHC:146035
FAO-4578-2006
2006 (O&M)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO
FAO-4578-2006 (O&M)
Date of Decision : 07.11.2024
SMT. SANTTO AND ORS. ....APPELLANTS
VERSUS
SANT BABA LABH SINGH JI AND ORS. ....RESPONDENTS
CORAM : HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present:- Mr.Abhishek Sharma, Advocate for the appellants.
Ms. Shifa Arora, Advocate for respondents No.1 and 2.
Mr. Pardeep Goyal, Advocate and
Mr. Abhishek Goyal, Advocate for respondent
respondent-Ins. Co.
-.-
SUDEEPTI SHARMA,
SHARMA J.
1. The present appeal has been preferred by the claimants/appellants for
enhancement of compensation awarded by the learned Motor Accident Claims
Tribunal, Rupnagar (for short, 'the Tribunal') vide award dated 22.07.2006 under
Section 166 of the Motor Vehicles Act, 1988,
198 , whereby
whereby, the claimants/appellant
/appellants
were awarded a compensation of Rs.3,14,000/
Rs. ,000/- along with interest @ 6% per
annum.
FACTS NOT IN DISPUTE
2. Brief facts of the case are that on 21.9.2004 Ram Sharma was coming on scooter No.PB-32-4010 No.PB from Banga to Nurpur Bedi with his wife Geeta Sharma his niece Pooja Sharma to meet her relations. The scooter was being driven by Ram Sharma at normal speed. The cousin of Ram Sharma namely Sham Sharma was also following them on another motor cycle alongw alongwith ith Jatinder Sharma. At about 4.30 p.m, when they reached in the revenue limits of Nalhoti, Tehsil 1 of 12 ::: Downloaded on - 17-11-2024 01:02:56 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -2- Anandpur Sahib on Nurpur Bedi Garhshanker road, in the meanwhile meanwhile, Tata Tempo bearing No.PB--12B-5346 5346 came from Garhshanker side towards Nurpur Bedi which was being driven by its driver respondent No.2 in a rash and negligent manner at a very high speed and without blowing any horn. The driver of tempo in question after taking pass from Sham Sharma and Jatinder Sharma, hit the scooter from the back side as a result result of which Ram Sharma, his wife Geeta Sharma and other occupant of the scooter fell on the pacca road and the offending tempo crushed them and they died at the spot. The accident took place due to rash and negligent driving of respondent No.2. It is alle alleged ged that at the time of death, deceased Ram Sharma was aged 40 years, running a sweet shop and was earning Rs.15,000/ p.m. and Rs.50,000 were spent on transportation, funeral and last rites of the deceased.
deceased FIR No.56 dated 21.9.2004 04 under sections 279,304 279,304-A/427 A/427 IPC was registered at PS Nurpur Bedi against respondent No.2.
3. Upon notice of the claim petition, respondents appeared and denied the factum of compensation.
4. From the pleading of the parties, the Tribunal framed the following issues:-
"1. Whether the death of Ram Sharma was caused by respondent No.2 while driving Tata Tempo -407 No.PB-12 12B-
5346 in a rash and negligent manner on 21.9.2004 at about 4.30 p.m in the area of village Nalhot Nalhoti? OPP
2. Whether the claimants are the legal representatives ves of deceased Ram Sharma ? OPP
3. Whether the respondent No.2 was not holding a valid and effective driving licence at the time of alleged accident ? OPR 3 2 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -3-
4. Whether the claimants are entitled to compensation if so to what amount and from whom? OPP
5. Relief."
5. After taking into consideration the pleadings and the evidence on record, the learned Tribunal awarded compensation to the tune of Rs.
Rs.3,14,000/ 00/-
alongwith interest @ 6% % per annum. Hence the claimants/appellants filed the present appeal for enhancement enhancement of compensation awarded by the Tribunal. SUBMISSIONS OF THE COUNSELS FOR THE PARTIES
6. The learned counsel for the claimants claimants-appellants appellants contends that the amount assessed by the learned Tribunal is on the lower side. He further contends that the learned Tribunal erroneously applied multiplier of 13 instead of 18 and no amount has been granted for future prospects,, loss of consortium and for loss of estate.. He further contends that the compensation for funeral expenses was on lower side. He further contends that tribunal has wrongly assessed the dependency of the claimant appellants to the extent of 2/3rd whereas it should have been assessed as 3/4th.
7. Per contra, learned for the respondent respondents argues that the learned Tribunal vide award dated 22.07.2006 has rightly asses assessed sed the amount of compensation and, therefore, the appeal is liable to be dismissed.
8. I have heard learned counsel for the parties and perused the whole record of this case.
case
9. A perusal of the award indicates that the Tribunal has rightly assessed the income of the deceased at Rs.3000/- per month. However, no o amount was calculated for future prospects, prospects, loss of consortium and for loss of estate and the 3 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -4- sum awarded for funeral expenses is also on the lower side. Therefore, the award requires indulgence of this Court. SETTLED LAW ON COMPENSATION
10. Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi 121],, laid Transport Corporation and Another [(2009) 6 Supreme Court Cases 121] down the law on assessment of compensation and the relevant paras of the same are as under:-
"30
30.. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third one third (1/3rd) where the number of dependent family members is 2 to 3, one one-fourth fourth (1/4th) where the number of dependent family members members is 4 to 6, and one one-fifth fifth (1/5th) where the number of dependent family members exceeds six.
31.. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parent(s) and siblings is likely to be cut drastically. Further, subject 4 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -5- to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father.
32. Thus even if the deceased is survived by parents and siblings,
32. only d the mother mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the deceased, deceased as in a case where he has a widowed mother and large number of younger non-earning non earning sisters or brothers, his personal and living expenses may be restricted to one-third one third and contribution to the family will be taken as two-third.
two
* * * * * *
42. We therefore
refore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M M-17 17 for 26 to 30 years, M-16 M 16 for 31 to 35 years, M M-15 15 for 36 to 40 years, M-14 M for 41 to 45 years, and M-13 M 13 for 46 to 50 years, then reduced by two 5 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -6- units for every five years, that is, M M-11 for 51 to 55 years, M-9 9 for 56 to 60 years, M-7 M 7 for 61 to 65 years and M M-5 for 66 to 70 years.
11. Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] has clarified the law under Sections 166, 163-A 163 A and 168 of the Motor Vehicles Act, 1988, on the following aspects:-
(A) Deduction of personal and living expenses to determine multiplicand;
(B) Selection of multiplier depending on age of deceased; (C) Age of deceased on basis for applying multiplier; (D) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses, with escalation; (E) Future prospects for all categories of persons and for different ages: with permanent job; self-employed self employed or fixed salary.
The relevant portion of the judgment is reproduced as under:
under:-
"52. As far as the conventional heads are concerned, we find it difficult to agree with the view expresse expressed d in Rajesh². It has granted Rs.25,000 25,000 towards funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss of care and minor children ldren does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike det determination ermination of income, the said 6 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -7- heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The cou court rt cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency consisten as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium rtium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric centric or quantum quantum-centric.
centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.
* * * * * 59.3.. While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was 7 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -8- below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax.
59.4.. In case the deceased was sself-employed employed (or) on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.
59.5.. For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paras 30 to 32 of Sarla Verma Verma⁴⁴ which we have reproduced hereinbefore.
59.6. The selection of multiplier shall be as indicated in the Table in Sarla Verma¹ read with para 42 of that judgment. 59.7. The age of the deceased should be the basis for applying the multiplier.
59.8.. Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid 8 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M) -9- amounts should hould be enhanced at the rate of 10% in every three years."
12. Hon'ble Supreme Court in the case of Magma General Insurance Company Limited Limited Vs. Nanu Ram alias Chuhru Ram & Others [2018(18) SCC 130] after considering Sarla Verma (supra) and y Sethi (Supra) has settled the law regarding consortium. Relevant Pranay paras of the same are reproduced as under:
under:-
"21.. A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, "consortium" is a compendious term which encompasses "spousal consortium", "parental consortium", and "filial consortium". The right to consortium would include the he company, care, help, comfort, guidance, guidan solace and affection of the deceased, eceased, which is a loss to his family. With respect to a spouse, it would include sexual xual relations with the deceased spouse spouse.
21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife wife which allows compensation to the surviving spouse for loss of "company, society, cooperation, affection, and aid of the other in every conjugal relation".
21.2. Parental consortium is granted to the child upon the premature death of a parent, for loss of "parental aid, 9 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M)
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protection, affection, society, discipline, guidance and training".
21.3. Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child ca causes uses great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit.
22.. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world-over over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and comp companionship anionship of the deceased child.
23.. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter daughter,, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium is awarded to children who 10 of 12 ::: Downloaded on - 17-11-2024 01:02:57 ::: Neutral Citation No:=2024:PHHC:146035 FAO-4578-2006 2006 (O&M)
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lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium.
24.. The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under "loss of consortium" as laid down in Pranay Sethi². In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs 40,000 each h for loss of filial consortium.
CONCLUSION
13. In view of the law laid down by the Hon'ble Supreme Court in the above referred to judgments, the present appeal is allowed. The award dated 22.07.2006 is modified accordingly. The appellants appellants-claimants claimants are entitled to enhanced compensation as per the calculations calculations made here here-under:-
Sr. Heads Compensation Awarded
No.
1 Monthly Income Rs.3000/-
2 Future prospects @ 25% Rs.750/- (25% of 3000)
3 Deduction towards personal Rs.938/- [1/4 of (3000+750
750)]
expenditure
4. Total Income Rs.2812/- (3750-938)
4 Multiplier 15
5 Annual Dependency Rs.5,06,160/-
(Rs.2812/- x 12 x 15)
6 Loss of Estate Rs.18,000/-
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7 Funeral Expenses Rs.18,000/-
8 Loss of Consortium Rs.1,92,000/-
Parental : Rs.48,000/-
Rs.48 x3
Filal: Rs.48,000/-x1
Total Compensation Rs. 7,34,160/-
Amount Awarded by the Tribunal Rs.3,14,000 /-
Enhanced amount Rs.4,20,160/-
14. So far as the interest part is concerned, as held by Hon'ble Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma 2019 ACJ 3176 and R.Valli and Others VS. Tamil Nandu State Transport Corporation (2022) 5 Supreme Court Cases 107, the appellants-claimants claimants are granted the interest @ 9% per annum on the enhanced amount from the date of filing of claim petition till the date of its realization.
realiza
15. The Insurance Company is directed to deposit the enhanced amount of compensation along with interest with the Tribunal within a period of two months from today. The Tribunal is further directed to disburse the enhanced amount of compensation along along with interest in the accounts of the claimants/appellants as per ratio settled in the award dated 22.07.2006.. The claimants/appellants are directed to furnish their bank account details to the Tribunal.
16. Disposed of accordingly.
17. Pending applications, applications, if any, also stand disposed of.
07.11.2024 ((SUDEEPTI SHARMA) A.Kaundal JUDGE
Whether speaking/non-speaking speaking/non speaking : Speaking Whether reportable : Yes/No 12 of 12 ::: Downloaded on - 17-11-2024 01:02:57 :::