Punjab-Haryana High Court
United India Insurance Co Ltd vs Jeeto @ Jeet Kaur @ Jit Kaur & Ors on 2 March, 2022
XOBJC-65-CII-2017 in/and -1-
FAO-3869-2016 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
236
XOBJC-65-CII-2017 in/and
FAO-3869-2016 (O&M)
Date of Order: 02.03.2022
UNITED INDIA INSURANCE CO. LTD.
..Appellant
Versus
JEETO @ JEET KAUR @ JIT KAUR AND ORS.
..Cross-objectors
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Sanjiv Pabbi, Advocate
for Insurance Company.
Mr. Sanjiv Goyal, Advocate
for the cross-objectors.
Mr. Munish Behl, Advocate
ANIL KSHETARPAL, J(Oral)
The hearing of the case is being held through video
conferencing on account of restricted functioning of the Courts.
By this order, the appeal filed by the Insurance Company and
cross-objection filed by the claimants shall stand disposed of.
The correctness of the findings of the Tribunal with regard to
the involvement of the vehicle, rash and negligent driving on the part of
Amritpal Singh @ Pal Singh, are not disputed.
The learned counsel representing the Insurance Company has
stated that the Tribunal has erred in deducting 1/3rd of the income as self and
living expense of the deceased particularly when the deceased was
unmarried. He submits that the deduction should be 50% of the income. He
1 of 4
::: Downloaded on - 01-05-2022 01:31:57 :::
XOBJC-65-CII-2017 in/and -2-
FAO-3869-2016 (O&M)
further submits that on account of increase in the income, due to future
prospects, the Tribunal has added 50% of the income which should be 40%
as per the judgment passed by the Five Judge Bench in National
Insurance Company Ltd. Vs. Pranay Sethi and others, 2017 SCC Online
SC 1270.
Per contra, the learned counsel representing the claimants do
not dispute the correctness of the arguments of the learned counsel
representing the Insurance Company. However, in support of his cross-
objection, he has stated that the Tribunal has assessed the income at the rate
of Rs.6,000/- per month, whereas, as per the notification under Section 4 of
the Minimum Wages Act, 1948, on 01.09.2015, the minimum income of a
unskilled labour was Rs.6,935.62/- per month. He submits that the accident
took place on 29.08.2015 therefore, the minimum wages as notified on
01.09.2015
, should be made applicable.
The learned counsel representing the cross-objectors further
submits that the Tribunal has erred in applying multiplier of 17, whereas, it
should be 18 because the age of the deceased was less than 25 years. He
submits that in the postmortem report, the age of the deceased is recorded as
20 years.
Per contra, the learned counsel representing the Insurance
Company has submits that as per the Aadhar Card, the deceased was 25
years of age therefore, the correct multiplier has been applied.
In absence of the documentary evidence to prove the age of the
deceased, the Tribunal has correctly relied upon the Aadhar Card.
Keeping in view the aforesaid facts, the Income of the deceased
2 of 4
XOBJC-65-CII-2017 in/and -3-
FAO-3869-2016 (O&M)
for the purpose of dependency is assessed at the rate of Rs.6,935.62/- per
month. There shall be deduction of 50% from the income on account of self
and living expense.
The income shall be liable to be increased by 40% on account
of increase in the income due to future prospects.
As per the judgment passed by the Hon'ble Supreme Court in
Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram and
others, 2018(4) RCR (Civil) 333 which has been reiterated by another
Division Bench in New India Assurance Co. Ltd. vs. Somwati and others,
Civil Appeal No.3093 No.2020, decided on 07.09.2020, and by a three
Judge Bench in United India Insurance Company Ltd. Vs. Satinder Kaur
@ Satwinder Kaur and others, (2020) SCC Online 410, in which it has
been approved that each parent is entitled to Rs.40,000/- as consortium.
The learned counsel representing the Insurance Company has
pointed out that under the conventional heads, the Tribunal has erred in
awarding Rs.25,000/- as funeral expenses which should be Rs.15,000/-,
whereas, towards transportation no amount be to awarded, whereas,
Rs.15,000/- should be awarded towards loss of estate.
In view thereof, the revised amount of compensation is
calculated as under:-
Amount awarded by the
Heads Motor Accidents Claims Amount awarded by
Tribunal (MACT). the High Court
Monthly Income Rs.6,000/- Rs.6935.62/-
Future Prospects 50% (Rs.3,000/-) 40% (Rs.2,774.25/-)
Monthly income after
adding future prospects Rs.9,000/- Rs.9,709.87/-
3 of 4
XOBJC-65-CII-2017 in/and -4-
FAO-3869-2016 (O&M)
Deduction 1/3 (Rs.3,000/-) 1/2 (Rs.4,855/-)
Multiplier 17 (6000 X 12 X 17 = 17 (4855 X 12 X 17 =
Rs.12,24,000/- Rs.9,90,420/-
Funeral expenses + Rs.25,000 + Rs.31,000 = Rs.15,000/-
Transportation Rs.56,000/-
Loss of Estate − Rs.15,000/-
Filial consortium Rs.50,000/- Rs.40,000 X 2 =
Rs.80,000/-
Total amount awarded Rs.13,30,000/- Rs.11,00,420/-
(Award)
Disposed of.
All the pending miscellaneous applications, if any, are also
disposed of.
02nd March, 2022 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
