(O&M) Rajni Thakur vs Neel Kaunth Rajput
2022 Latest Caselaw 10564 P&H

FAO-449-2000                                                             -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

303                           FAO-449-2000
                              Date of Decision: 06.09.2022

Rajni Thakur and others

                                                  ......... Appellants

                                 Versus


Neel Kaunth Rajput @ Narinder Kumar @ Budhu


                                            ......... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:- Ms. Ekta Thakur, Advocate
          for the appellants.

          Mr. Neeraj Khanna, Advocate for
          Mr. Ravinder Arora, Advocate
          for the Insurance Company.
                      ****

JAGMOHAN BANSAL, J. (Oral)

1. The appellants through instant appeal are seeking

modification of award dated 23.12.1999 passed by the Motor

Accident Claims Tribunal, Chandigarh (for short 'Tribunal') and

seeking enhancement of compensation awarded by Learned

Tribunal. Learned Tribunal has awarded a sum of Rs. 4 lakhs along

with interest @ 12 % per annum.

2. The brief facts emerging from appeal and arguments of

both sides are that the deceased was working as Sub Inspector with

Central Industrial Security Force. The deceased was drawing salary

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of Rs.7,000/- per month. There is no dispute qua salary, multiplier,

deduction and compensation under different heads.

3. Learned counsel for the parties are ad-idem that

compensation should be calculated in terms of judgments of Hon'ble

Supreme Court in National Insurance Company vs. Pranay Sethi

and others 2017 (16) SCC 680 and Smt. Sarla Verma and others

vs. Delhi Transport Corporation and another 2009 (6) SCC 121.

4. Learned Tribunal has awarded compensation along with

interest @ 12% per annum and both the parties agreed that as per

judgments delivered by different Courts including Hon'ble Supreme

Court, the rate of interest should be 7.5%.

5. In view of statement of both the parties, the judgments of

Hon'ble Supreme Court in Pranay Sethi's case (Supra) and Sarla

Verma's case (Supra), the present appeal is partly allowed and the

order passed by the Tribunal is modified as below :-

Compensation awarded Actual compensation by Tribunal Occupation Government employee Government employee Age 29 years 29 years Actual income Rs.7,000/-p.m. Rs.7,000/-p.m.

Future             Nil                           50%=Rs.3500/- p.m.
prospects
Income     after Rs.7000/-                       Rs.7,000/-+Rs.3500=
adding    future                                 Rs.10,500/-
prospects
Annual income 12x7000=Rs.84,000/-                12x10,500=Rs.1,26,000/-
Deduction          1/3 i.e. Rs.28000/-           1/3 i.e. Rs.42000/-
Loss       of Rs.28000/-                         Rs.84000
dependency




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Compensation        2800x14=Rs.3,92,000/-         84000x17=Rs.14,28,000/
                                                  -
Funeral             Rs.2000/-                     Rs.16,500/-
expenses
Loss of estate      Nil                           Rs.16,500/-
Loss             of Nil                           Rs.44,000/-each
consortium                                        Rs.88,000/-
(parental
Loss             of Rs.6,000/-                    Rs.44,000/-
consortium       to
wife
Total               Rs.4,00,000/-                 Rs.15,93,000/-

6. The appellants are entitled to interest @ 7.5% from the

date of filing of claim petition till the date of actual payment. It is

made clear that amount already paid would be deducted from claim

determined hereinabove.

7. The respondent No.3-Insurance Company is directed to

make payment within a period of eight weeks from today.

( JAGMOHAN BANSAL ) JUDGE 06.09.2022 anju

Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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