Punjab-Haryana High Court
Seema Devi And Ors vs Deepak And Ors on 17 November, 2022
FAO No. 5712 of 2018 and 1
FAO No. 6126 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No. 5712 of 2018
DATE OF DECISION :- November 17, 2022
Smt. Seema Devi and others ...Appellants
Versus
Deepak and others ...Respondents
FAO No. 6126 of 2018
Smt. Lalita and others ...Appellants
Versus
Deepak and others ...Respondents
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present:- Mr. B.K. Bagri, Advocate for the appellants
in FAO No. 5712 of 2018.
Mr. Satish Jain, Advocate
for respondent No. 3-Insurance Company.
Mr. Amit Kaith, Advocate for respondents No. 1 and 2.
***
My this order shall dispose of two appeals bearing FAO-5712-
2018 filed by Smt. Seema Devi and others and FAO-6126-2018 filed by Smt.
Lalita and others.
Briefly stated the facts of the case are that on account of death of
Krishan Kumar, aged about 42 years and Rajender Singh, aged about 38 years
in a motor vehicular accident which took place on 19.8.2015 at about 10.50
P.M, statedly on account of rash and negligent driving of Truck bearing
registration No. HR-63-B-5097 by respondent No. 1 Deepak, legal
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FAO No. 6126 of 2018
representatives of both the deceased i.e. Smt. Seema Devi, aged about 36 years,
widow, Amit, aged about 20 years son and Smt. Geeta Devi, aged about 60
years, mother of Krishan Kumar and Smt. Lalita, aged about 35 years, widow,
Lokesh, aged about 11 years, Mahesh, aged about 10 years both minor sons,
Ramgiri, aged about 65 years, mother, Hari Singh, aged about 68 years, father
of Rajender have brought separate claim petitions under Sectins 166 of the
Motor Vehicles Act, 1988 against Deepak, Driver, Shakti Singh, owner and
United India Insurance Company Limited, Rewari, insurer of the truck in
question.
Notices were issued to the respondents in both the claim petitions,
who had put in appearance through counsel filing written statements contesting
the claim petitions. Issues on merits were framed in the claim petitions. It may
be mentioned that one more person namely Baljeet Singh had also expired in
the same accident and his LRs namely Smt. Sangeeta Devi and others had also
filed an appeal against driver, owner and Insurance Company of the Truck in
question. All the three claim petitions were consolidated having arisen out of
the same incident and were decided vide a single Award by Motor Accident
Claims Tribunal, Rewari on 11.1.2018. In terms of that Award all the three
claim petitions were accepted.
With regard to claim petition filed by Smt. Seema Devi and
others on account of death of Krishan Kumar, compensation of Rs.12,68,512/-
with interest at the rate of 7.5% per annum was awarded whereas claim petition
filed by claimants Smt. Lalita and others on account of death of Rajender,
compensation of Rs.15,14,500/- was granted with interest at the rate of 7.5%
per annum. Compensation was also awarded to the claimants with regard to
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FAO No. 6126 of 2018
death of the third deceased Baljeet Singh, however, they have not preferred any
appeal before this Court. The liability to pay this amount was held to be jointly
and severally by all the three respondents.
Finding the compensation granted to be on lower side, legal
representatives of Krishan Kumar namely Smt. Seema Devi and others as well
as Rajender Singh namely Smt. Lalita and others have approached this Court
by way of filing separate appeals. Notices of those appeals were given to the
respondents. Respondents have appeared through counsel.
I have heard learned counsel for the appellants and learned
counsel for respondents besides going through the record.
FAO No. 5712 of 2018
Firstly taking up appeal filed by Smt. Seema Devi and others,
learned counsel for the appellants has contended that deceased Krishan Kumar,
aged about 42 years was a Dairy farmer and an agriculturist, earning
Rs.20,000/- per month. However, the Tribunal took his income to be
Rs.10,700/- per month, which is on lower side and it should be enhanced.
Learned counsel for the Insurance Company has opposed the contentions
considering that the income so taken does not call for any enhancement.
After hearing learned counsel for the parties, I find that
considering the evidence available on record, income taken is adequate and
reasonable and does not call for any increase. However, the other contention
put forward by learned counsel for the appellants that no addition has been
made towards future prospects and the compensation under Head loss of
consortium is to be granted to all the claimants and not only widow of the
deceased, in view of judgment by the Apex Court "Magma General
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FAO No. 6126 of 2018
Insurance Co. Ltd. Versus Nanu Ram Alias Chuhru Ram and Others 2018
(4) R.C.R. (Civil) 333" has got force and even learned counsel for the
Insurance Company could not refute that contention.
In the case of Smt. Seema Devi and others, considering the age of
the deceased to be 42 years, in terms of judgment 'National Insurance
Company Limited Versus Pranay Sethi and Others 2017 (4) R.C.R. (Civil)
1009' addition of 25% is to be made in the monthly income of deceased
towards future prospects. Doing that the addition to be made in monthly
income is worked out to Rs.2675/-. The total come out to Rs.13,375/-.
Considering the number of dependent family members, deduction of 1/3rd is to
be made towards personal expenses of the deceased. Doing that the residue
income comes out to Rs.8917/- per month which is to be taken as dependency
of the claimants per month. The annul dependency comes out to 8917 x 12 =
Rs.1,07,004/- The tribunal has rightly used multiplier of 14. Doing that the
compensation come out to 1,07,004 x 14 = Rs.1498056/-. .
Since the date of death in this case is 19.8.2015, more than three
years have elapsed therefrom, the compensation under the Heads loss of
consortium, funeral expenses and loss of estate are Rs.40,000/-, 15000/- and
Rs.15,000/-respectively is to be increased by 10%, which come out to
Rs.44,000/-, Rs. 16,500/-, and 16,500/- respectively in terms of judgment
'National Insurance Company Limited Versus Pranay Sethi and Others'
(supra).
There are three claimants in this case. Therefore, each of them is
entitled to Rs.44,000/- on account of loss of consortium, which is worked out
to 44000 x 3 = 1,32,000/-. The total compensation is thus worked out to
Rs.16,63,056/-. The compensation awarded by the Tribunal is Rs.12,68,512/-.
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FAO No. 6126 of 2018
In that way the same is enhanced by Rs.3,94,544/- ( 16,63,056 -12,68,512 ).
The claimants would be entitled to get interest at the rate of 7.5%
per annum on the enhanced compensation from the date of filing of claim
petition till actual realization, the liability of all the three respondents to pay the
amount being join and several. The apportionment would also remain in the
same ratio as directed by the Tribunal. Though the amount would get increased
proportionately.
FAO No. 6126 of 2018
In the claim petition filed by Smt. Lalita and others the deceased
in this case was aged about 38 years and his monthly income as driver was
rightly taken to be Rs.10,700/- which cannot be said to be on lower side,
though learned counsel for the appellant has argued in that regard. Further
more in view of detailed discussion above, addition of 40% is required to be
made towards future prospects. Doing that the amount comes out to
Rs.14,980/-(10,700 +4280). Considering the number of dependent family
members, deduction of 1/4rd is to be made towards personal expenses. Doing
that the dependency amount comes out to Rs.11235/- per month. The annual
dependency come out to Rs.11235 x 12 = Rs.1,34,820/-. The tribunal has
rightly used multiplier of 15. Doing that the compensation comes out to
1,34,820 x 15 = Rs.20,22,300/-. The compensation under the Head loss of
consortium, funeral expenses and loss of estate are Rs.40,000/-, 15000/- and
Rs.15,000/-respectively which are to be increased by 10%, which come out to
Rs.44,000/-, Rs. 16,500/-, and 16,500/- in terms of judgment 'National
Insurance Company Limited Versus Pranay Sethi and Others' (supra).
There are five claimants in this case. Therefore, each of them is
entitled to Rs.44,000/- on account of loss of consortium which is worked out to
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FAO No. 6126 of 2018
44000 x 5=Rs.2,20,000/-. The total compensation is thus worked out to
Rs.22,75,300/-. The compensation awarded by the Tribunal is 15,14,500/-. In
that way the same is enhanced by Rs.7,60,800/- (22,75,300- 15,14,500).
The claimants would be entitled to get interest at the rate of 7.5%
per annum on the enhanced compensation from the date of filing of claim
petition till actual realization. The liability of all the three respondents to pay
the amount being join and several. The apportionment would also remain in the
same ratio as directed by the Tribunal, though the amount would get increased
proportionately.
With such modification, both the appeals are allowed with costs.
(H.S. MADAAN)
JUDGE
November 17, 2022
p.singh
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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