Punjab-Haryana High Court
Iffco Tokio General Insurance ... vs Santosh Devi And Others on 8 July, 2022
FAO-2973-2022 (O&M) -1-
117 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-2973-2022 (O&M)
Date of Decision : July 08, 2022
Iffco Tokio General Insurance Company Limited
.....Appellant
Vs.
Santosh Devi and others
..Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Yogesh Gupta, Advocate
for the appellant.
ARVIND SINGH SANGWAN, J. (Oral)
The present appeal has been filed by challenging the award
dated 4.4.2022 vide which the respondent-claimants, being LRs of
deceased Mange Ram, who died in a motor vehicle accident on
22.1.2019 were granted compensation to a tune of Rs.18,61,048/-,
along with interest @ 6% per annum till its realization.
The Tribunal while assessing the just and fair compensation
has made the following calculations :-
Sr.No. Head of Compensation Amount (Rs.)
01. Income per month 11,371/-
02. 40% of above Income to be added 2,842.75p.
as future prospects
(11.371 x 25/100 = 2842.75
03. Less deduction of ¼ on account of 3553.4375/-
personal expenses of deceased
11,371+2842.75 (14,213.75 x ¼ =
3553.4375)
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FAO-2973-2022 (O&M) -2-
04. Multiplicand (Income + Future 10,660/-
prospects) - deductions
[14,213.75-3553.4375)
= Rs.10660.3125/- )Rs.10,660/-]
05. Yearly Income 1,27,920/-
(10,660 x 12 = 1,27,920/-)
case
07. Loss of dependency 17,90,880/-
(Multiplicand x Multiplier)
= 1,27,920 x 14 = 17,90,880/-
08. Loss of estate 15,000/-
09. Loss of consortium 40,000/-
10. Funeral expenses 15,000/-
11. Total 18,60,880/-
(17,90,880/-+15,000 +40,000+
15,000 = 18,60,880/-)
Counsel for the appellant has argued that the Tribunal has
granted excessive compensation as the deceased was unskilled worker.
The Tribunal fell in error by taking the monthly income of the deceased
Rs.11,371/- p.m., whereas the minimum wages for the unskilled worker
on the date were Rs.8,827/- p.m. It is next argued that the age of the
deceased has been taken to be 45 years as per the post-mortem report,
whereas the Aadhar Card reflects the age as 52 years and, therefore,
the multiplier of 14 has been wrongly applied. It is also argued that the
Tribunal has wrongly allowed 25% increase of the income with regard to
future prospects of the deceased and instead of 1/4 th taking the
dependency, the Tribunal should have deduct 50% of the income
assessed.
After hearing the counsel for the appellant, I find no merit in
this appeal.
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FAO-2973-2022 (O&M) -3-
The Tribunal has recorded a finding that the deceased was
working as a Halwai and the claimant placed on record document Ex.PA
to show that his income was approximately Rs.2,50,000/- to
Rs.3,00,000/- per annum.
The argument of the appellant that a Halwai is unskilled
labourer do not find force as the Tribunal has rightly taken the income of
the deceased as Rs.11,371/- by not treating him to be an unskilled
worker. With regard to age, claimant Santosh Devi had filed her
affidavit Ex.PW1/A which stands proved in the light of the document
Ex.P5 and there was no rebuttal of the same. Therefore, the Tribunal by
taking the age of the deceased as 45 years has rightly applied the
multiplier of 14 in terms of the judgment of the Hon'ble Supreme Court
passed in Sarla Verma and others Vs. Delhi Transport
Corporation and another, 2009 (6) SCC 121 and National
Insurance Company Limited Vs. Pranay Sethi and other, 2017 (4)
RCR (Civil) 1009 and, therefore, this Court finds that the trial Court has
assessed the just and fair compensation to the respondent-complainant.
The present petition is, therefore, stands dismissed.
( ARVIND SINGH SANGWAN )
July 08, 2022 JUDGE
satish
Whether speaking/reasoned : YES / NO
Whether reportable : YES / NO
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