Saroj Devi And Ors vs Hakam Ali And Ors
2022 Latest Caselaw 12013 P&H

 FAO No.1185 of 2002                                                 1

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

205                                                FAO No.1185 of 2002
                                             Date of decision : 22.09.2022

Saroj Devi and Ors.                                            .........Appellants
                                VERSUS

Hakam Ali and ors.                                             ..........Respondents

CORAM: HON'BLE MR JUSTICE HARKESH MANUJA

Present:-   Mr. Bhupinder Singh Walia, Advocate, for the appellants.

            Mr. Ritesh Aggarwal, Advocate, for respondent No.1.

            Mr. Gopal Mittal, Advocate, for
            respondent No.3-Insurance Company.

       *****
HARKESH MANUJA, J. (Oral)

The present appeal has been filed against the Award dated

28.09.2001 passed by learned MACT Panchkula.

The facts of the present case are that one Sukhdev Singh, lost his

life in a road accident dated 13.05.1999, having been hit by the offending vehicle

i.e., Truck No.PB-11-H-2739. At the time of accident the offending vehicle was

being driven by respondent No.1. The appellants being dependents/claimants

filed a claim petition before the learned Tribunal seeking compensation to the

tune of Rs. 25,50,000/-. The appellants specifically alleged that accident in

question took place on account of rash and negligent driving of respondent No.1.

On the other hand in their written statement, the stand taken by

respondents No.1 and 2 was that no such accident took place on 13.05.1999 due

to rash and negligent driving of respondent No.1. In the written statement, at the

instance of respondent No.3, the factum of accident was altogether denied. The

learned MACT vide its impugned Award dated 28.01.2001, awarded a sum of

1 of 3

Rs. 5,20,000/- in favour of appellants/claimants along with interest @ 9% per

annum from the date of filing of the petition till its realization. The learned

Tribunal also held that the accident in question took place on account of rash and

negligent driving of respondent No.1.

Aggrieved against the quantum of compensation awarded under the

impugned Award, the present appeal has been filed with a prayer for

enhancement of compensation.

Learned counsel for the appellants contends that though there is no

dispute about the monthly salary of the deceased which has been determined as

Rs. 4141/- based on Ex.P-4, he contends that learned Tribunal committed an

error while assessing the compensation without awarding the benefit of future

prospects towards the income. He submits that as the deceased was 29 years of

age and was a salaried person, benefit of 40% towards future prospects was

required to be awarded in his favour in view of law laid down by the Hon'ble

Supreme Court of India in a case titled as National Insurance Company Ltd. vs.

Pranay Sethi, reported in (2017) 16 SCC 680. Relying upon the same judgment,

he also submits that the compensation awarded under the conventional heads is

also on the lower side.

On the other hand, in view of above referred law laid down by the

Hon'ble Supreme Court, learned counsel for the respondent-Insurance Company

has not been able to controvert the submissions made on behalf of appellants.

Having heard learned counsel for the parties and having gone

through the records, I find merits in the submission made on behalf of learned

counsel for the appellants. Once it has been established on record that the

deceased at the time of accident was 29 years of age and was a salaried person,

the benefit of future prospects @ 40% was required to be awarded to the 2 of 3

claimants. In addition, the appellants being the widow and two children of the

deceased were required to be awarded consortium @ 44,000/- each (towards

spousal and parental consortium). Besides awarding another sum of Rs. 16,500/-

towards loss of estate and Rs. 16,500/- as funeral expenses.

In view of the discussion made hereinabove, the amount of

compensation awarded to the claimants/present appellants shall be in the

following manner:

                Sr.No.     Heads of compensation                       Amount
                1.        Income                                       Rs.4141/-
                2.        Deduction 1/3rd                              Rs.2761/-
                3.        Annual Income (Rs. 2761/- X 12)              Rs. 33132/-
                4.        After applying multiplier (17)               Rs. 5,63, 244/-

5. Future prospect 40% (Rs. 5,63,244 + Rs. Rs.7,88,541/-

5,63,244 X 40 %)

6. Loss of estate Rs. 16,500/-

                7.        Funeral expenses                             Rs. 16,500/-
                8.        Consortium (Rs. 44,000/- X 3)                Rs. 1, 32,000/-
                          Total Compensation                           Rs. 9,53,541/-
                          Amounted by the Tribunal                     Rs.5,20,000/-
                          Enhanced amount                              Rs.4,33,541/-

In view of the above, the present appeal is partly allowed and rest of

the terms of the Award as regards interest etc., shall be remain the same.

Pending miscellaneous application(s), if any, shall also stand

disposed of.

                                                            (HARKESH MANUJA)
22.09.2022                                                      JUDGE
anil

Whether speaking/reasoned :                Yes/No
Whether reportable                         Yes/No


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