Punjab-Haryana High Court
Madhu Chopra And Ors vs State Of Haryana And Ors on 26 February, 2021
RA-CR-142-2020,
CM-10165-CII-2020 & CM-2115-CII-2021 in
RA-CR-11-2021 (O & M) in
FAO-7564-2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
213+125
RA-CR-142-2020,
CM-10165-CII-2020 & CM-2115-CII-2021 in
RA-CR-11-2021 in
FAO-7564-2017
Date of Decision:26.02.2021
MADHU CHOPRA AND ORS ...APPELLANTS
VERSUS
STATE OF HARYANA AND ORS ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Ashwani Arora, Advocate for the appellants.
Mr. Gurmeet Singh, AAG, Haryana
for respondents No.1 and 2.
Mr. Jagdeep Singh Rana, Advocate for respondent No.3.
Mr. Vinod Chaudhri, Advocate for respondent No.4.
***
SUVIR SEHGAL, J.(ORAL)
The Court has been convened through video conferencing due
to Covid-19 pandemic.
CM-10165-CII-2020 in RA-CR-142-2020 in FAO-7564-2017
Application is allowed. The applicant-appellants are permitted
to place on record the downloaded copy of the judgment dated 12.11.2020.
CM-2115-CII-2021 in RA-CR-11-2021 in FAO-7564-2017
Application is allowed. Affidavits of applicant-appellants No.1,
2 and 4 are permitted to be placed on record.
1 of 5
RA-CR-142-2020,
CM-10165-CII-2020 & CM-2115-CII-2021 in
RA-CR-11-2021 (O & M) in
RA-CR-142-2020 and RA-CR-11-2021
RA-CR-142-2020 has been filed by the claimants/appellants
and RA-CR-11-2021 has been filed by the Insurance Company - respondent
No.4.
Notices of both the review applications were issued to the non-
applicants, however, no reply has been filed.
Counsel for the appellants has sought review of the judgment
dated 12.11.2020 on two counts. Firstly, he submits that income tax has to
be deducted from the gross annual income and thereafter addition of future
prospects is to be made. He has placed reliance upon the Constitutional
Bench judgment of the Hon'ble Supreme Court in National Insurance
Company Limited versus Pranay Sethi and others 2017 ACJ 2700 and
has drawn the attention of this Court to the conclusion in Para 61 (iii).
Secondly, he submits that amount of Rs.1,25,000/- granted by the Motor
Accident Claims Tribunal, Chandigarh, under conventional heads has not
been included by this Court while calculating the enhanced amount of
compensation.
Counsel representing Insurance Company - respondent No.4 in
his review application, has sought clarification regarding apportionment of
compensation amount amongst the claimants. Opposing the prayer made by
counsel for the claimants-appellants, he submits that the claimants are
entitled to Rs.30,000/- under conventional heads as held in Pranay Sethi's
case (supra) and not Rs.1.25 lacs as awarded by the Tribunal.
I have heard the counsel for the parties.
2 of 5
RA-CR-142-2020,
CM-10165-CII-2020 & CM-2115-CII-2021 in
RA-CR-11-2021 (O & M) in
There can be no possible dispute about the fact that the income tax
has to be deducted from the gross annual income and addition for future
prospects has to be made thereafter. The necessary correction in the calculation
is accordingly ordered.
Insofar as the addition of the amount of Rs.1,25,000/- awarded by
the Tribunal under conventional heads is concerned, the submission made by
the counsel for the Insurance Company has been considered and deserves to be
rejected for the reason that the Insurance Company did not challenge the award
by either filing a cross appeal or preferring cross objections in the appeal filed
by the claimant, nor has the said addition been questioned in the review
application.
The claimants-appellants No.1, 2 and 4 have filed affidavits,
which have been ordered to be taken on record today, whereby they have
relinquished their share of enhanced amount of compensation in favour of
claimant-appellant No.3, Mayank Chopra.
In view of the above, the chart whereby the total amount payable
to the appellants has been calculated (which appears on page 5-6 of the order
dated 12.11.2020) shall be substituted with the following table:-
Monthly income Rs.97,590/-
Annual income Rs.11,71,080/-
Add 15% for further Rs.1,75,662/-
prospects
Total Rs.13,46,742/-
Income Tax and Education Cess on
Rs.11,71,080/-
Upto Rs.2,50,000/- Nil
3 of 5
RA-CR-142-2020,
CM-10165-CII-2020 & CM-2115-CII-2021 in
RA-CR-11-2021 (O & M) in
Rs.2,50,000/- to Rs.25,000/-
Rs.5,00,000/- 10%
Rs.5,00,000/- to Rs.1,00,000/-
Rs.10,00,000/- 20%
Rs.10,00,000/- to Rs.51,324/-
Rs.11,71,080/- 30%
Total Income Tax Rs.1,76,324/-
Education Cess @ 3% Rs.5290/-
Rs.1,81,614/-
Less: Income Tax and Rs.1,81,614/-
Education Cess
Rs.11,65,128/-
Less: Deduction of 1/4th Rs.2,91,282/-
for personal expenses
Rs.8,73,846/-
Multiplier of 9 X9
Rs.78,64,614/-
Less: Awarded by Rs.61,47,435/-
Tribunal
Total Rs.17,17,179/-
Add Medical bill (Ex.P- Rs.84,685/-
6)
Conventional Heads Rs.1,25,000/-
awarded by the Tribunal
Enhanced compensation Rs.19,26,864/-
4 of 5
RA-CR-142-2020,
CM-10165-CII-2020 & CM-2115-CII-2021 in
RA-CR-11-2021 (O & M) in
Accordingly, the enhanced amount of compensation which has
been found due as per the above calculation alongwith interest @ 7.5% from
the date of the application till its realization is ordered to be paid to
claimant-appellant No.3 within a period of six weeks by way of ECS transfer
to his Bank account. The period of six weeks shall start from the date the
bank account particulars are furnished to the Insurance Company by
appellant No.3.
Both the review applications are disposed of.
26.02.2021 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
5 of 5
