Punjab-Haryana High Court
M/S Garg Traders And Anr vs Ujagar Singh And Ors on 7 September, 2022
FAO-247-2004 and other connected matter -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
320 (2 cases)
FAO-247-2004
Date of Decision: 07.09.2022
M/s Garg Traders and another ......... Appellants
Versus
Ujagar Singh and others ......... Respondents
2. FAO-284-2004
Ujagar Singh ......... Appellant
Versus
M/s Garg Traders and others ......... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- None for the appellant (s). .
Mr.Satpal Dhamija, Advocate
for the Insurance Company. .
****
JAGMOHAN BANSAL, J. (Oral)
1. By this common order, the above said two appeals which
are arising from the same incident and award dated 16.10.2003
passed by the Motor Accident Claims Tribunal, Rupnagar (for short
'Tribunal') are hereby adjudicated.
2. Nobody has appeared on behalf of M/s Garg Traders-
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FAO-247-2004 and other connected matter -2-
owner of vehicle as well as claimants. However, as the matter is
very old and quantum of compensation stands settled by Hon'ble
Supreme Court, the matter is adjudicated with the assistance of
learned counsel for the Insurance Company.
3. The brief facts emerging from record and arguments of
learned counsel for insurer are that Amrik Singh, a 36 years old man,
while standing on road was hit by truck bearing registration No.PB-
12D-7731 owned by M/s Garg Traders, Industrial Area, SAS Nagar,
Mohali. Amrik Singh died in the aforesaid accident. The dependants
of deceased filed claim petition under Section 166 of Motor Vehicles
Act before learned Tribunal which vide order dated 16.10.2003
awarded a sum of Rs.2,18,600/- under following heads :-
(a) Compensation on account of loss of 1400X12X12=
dependency to Ujagar Singh claimant Rs.2,01,600.00
(b) Pain and shock Rs.5,000.00
(c ) Funeral expenses Rs.10,000.00
(d) Transportation charge of dead body Rs.2000.00
Total Rs.2,18,600.00
4. Learned Tribunal while granting compensation has held
that Insurance Company would be at liberty to get refund of the
claimed amount from owner of the truck.
5. The owner of truck i.e M/s Garg Traders has filed FAO-
247-2004 before this Court seeking quashing of award to the extent
Insurance Company has been permitted to recover compensation
from owner of the truck.
6. In appeal FAO No.284 of 2004 Ujagar Singh-claimant is
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seeking enhancement of compensation on the ground that deceased
was supplying 60-70 kgs of milk daily and in this way he was earning
more than Rs.24,000/- per month whereas learned Tribunal has
considered his income Rs.70/80 per day and dependency of
appellant is determined Rs.1400 per month. The deceased was 36
years old, thus multiplier of 12 has been wrongly applied.
7. With the able assistance of learned counsel for the
Insurance Company-respondent, I have perused the paper-books
and find that owner of vehicle has been held liable on the ground that
driver was not holding a valid licence. Learned Tribunal has
concluded that licence was not issued by licencing authority,
Banglore, however, learned Tribunal has failed to notice that licence
was renewed by licencing authority, Ambala. There is nothing on
record to indicate that renewal of licence was fake. As soon as
licence is renewed by licencing authority, Ambala, it cannot be held
that licence was fake on the date of the accident.
8. Learned counsel for the Insurance Company expressed
his inability to show any judgment holding that Insurance Company is
not liable where there is no dispute qua renewal of licence. In the
case in hand, licence was duly renewed by licencing authority,
Ambala, thus, owner of the vehicle cannot be held responsible for
compensation arising on account of accident. FAO-247-2003 filed
by owner of vehicle deserves to be allowed and accordingly order of
learned Tribunal qua granting liberty to Insurance Company to
recover compensation amount from owner of truck is hereby set
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aside.
9. The claimants are seeking enhancement of
compensation on the ground that monthly income of the deceased
has been wrongly considered Rs.2100/-. Learned Tribunal has
noticed that there is no solid proof that deceased was running a dairy
or selling milk and in this way, he was earning Rs.25,000/- per
month. Learned Tribunal has considered deceased as ordinary
unskilled labourer and assessed his income Rs.2100/- per month in
view of settled law. In the absence of concrete evidence of income,
the income notified under Minimum Wages Act needs to be
considered. The accident took place on 16.08.2001 and as per
available record, the minimum income of a labourer on the aforesaid
date was Rs.2100/-. After considering income of deceased
Rs.2100/- the amount of compensation needs to be determined in
accordance with the judgements 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.
10. In view of the above cited judgements of Hon'ble
Supreme Court, the claimants are entitled to compensation as
below:-
Particulars Income (in Rs.)
Annual income of the
deceased 25200
Future prospects 40.00%
Income after addition of
future prospects 35280
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Deduction on account of 1/3rd
personal expenses
Assessed income 23520
Multiplier (15) 3,52,800
Loss of estate 16500
Loss of consortium 44000
Funeral expenses 16500
Total 4,29,800
11. In view of above findings, the appeal filed by owner of
truck (FAO-247-2004) is allowed and appeal of claimant (FAO-284-
2004) is partly allowed. It is made clear that claimants shall be
entitled to interest as assessed by learned Tribunal.
12. The respondent No.3-Insurance Company is directed to
make entire payment within a period of eight weeks from today after
excluding payment already made.
13. The appeals are disposed of in the above terms.
( JAGMOHAN BANSAL )
JUDGE
07.09.2022
anju
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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