Mukesh Devi And Ors vs Subhash And Ors
2022 Latest Caselaw 11639 P&H

401
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                         FAO-6177-2011
                                         Date of Decision: 19.09.2022

MUKESH DEVI AND ORS                                       ......... Appellants


                                     Versus

SUBHASH AND ORS                                           ..... Respondents


CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   None for the appellant.

            Mr. Gopal Mittal, Advocate
            for respondent No.3.


                   ****


JAGMOHAN BANSAL, J. (Oral)

1. The appellants through instant appeal is seeking

enhancement of compensation awarded by learned Motor Accident

Claims Tribunal (for short 'Tribunal'), Narnaul, whereby learned Tribunal

has awarded compensation of Rs.5,14,000/- alongwith interest @ 9% on

account of death of Naresh Kumar.

2. The facts are emerging from record are that Naresh Kumar

(deceased), a 42 years old man while standing at katcha berm of the road

of his village Sihma, met with an accident with the vehicle bearing

registration No.RJ-02G/8066. The deceased-Naresh Kumar expired on

the spot and an FIR No.50 dated 24.02.2008 was registered at Police

Station Sadar, Narnaul.

3. The appellants filed petition under Section 166 of the Motor

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Vehicle Act, 1988, before learned Tribunal, Narnaul, seeking

compensation on account of death of Naresh Kumar. Learned Tribunal

finding driver of the offending vehicle guilty and concluded that

appellants are entitled to compensation on account of death of Naresh

Kumar. Learned Tribunal awarded compensation @ Rs.5,14,000/-

alongwith interest @ 9% from date of petition till realization.

4. Inspite of notice and adjournments nobody is present on

behalf of the appellants. The appeal is of the year 2011, thus, Court is left

with no option except to proceed exparte. The appellants are seeking

enhancement of compensation and during pendency of present appeal a

lot of water has already been thrown. The question of quantum of

compensation in such cases stands cited by a five Judge Bench of

Hon'ble Supreme Court in National Insurance Company vs. Pranay

Sethi and others 2017 (16) SCC 680 and three Judge Bench Judgment

in Smt. Sarla Verma and others vs. Delhi Transport Corporation

and another 2009 (6) SCC 121.

5. Learned counsel for the respondents fairly conceded that

amount of compensation may be redetermined in the light of afore-cited

judgments.

6. I have perused the record and heard arguments of learned

counsel for the respondents. I find that learned Tribunal has awarded

compensation keeping in mind law prevailing at that time, however,

Hon'ble Supreme Court has awarded compensation under different heads

and held that amount may be redetermined accordingly. Keeping in

mind, the aforesaid judgments of Hon'ble Supreme Court, I deem it

appropriate to redetermine amount of compensation. The amount of

compensation is redetermined as below.

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           Particulars                           Amount of compensation
          Annual income of the deceased                       48,000/-
          Future prospects                                     25.00%
          Income after addition of future                     60,000/-
          prospects
          Deduction on account of personal                        1/4th
          expenses
          Assessed income                                     45,000/-
          Multiplier (14)                                    6,30,000/-
          Loss of estate                                      16,500/-
          Loss of consortium (44000x4)                       1,76,000/-
          Funeral expenses                                    16,500/-
          Total                                              8,39,000/-

7. 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.

8. The respondents are directed to make payment within a

period of eight weeks from today.

9. The appeal is disposed of in the abovesaid terms.

( JAGMOHAN BANSAL ) JUDGE 19.09.2022 Ali

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

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