Amarjit Kaur And Ors vs Sukhchain Singh And Anr
2022 Latest Caselaw 12117 P&H

FAO-2649-2015 (O&M)                                                      -1-


             IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

477                                    FAO-2649-2015 (O&M)
                                       Date of Decision: 23.09.2022


Amarjit Kaur and others                                     ---Appellants

                                 versus


Sukhchain Singh and another                                 ---Respondents


CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present:- Mr.Vivek Suri, Advocate
          for the appellants.

             Mr. Sanjeev Kodan, Advocate
             for the Insurance Company.

               ****
JAGMOHAN BANSAL, J. (ORAL)

1. The appellants through instant appeal are seeking

enhancement of compensation awarded vide award dated

15.01.2015 passed by Motor Accident Claims Tribunal, Patiala (for

short 'Tribunal') whereby Tribunal has awarded a sum of

Rs.12,45,000/- along with interest @ 6 % per annum from the date of

filing of the claim petition.

2. The facts emerging from record and necessary for the

adjudication of present appeal are that Amarjit Singh @ Jeeta, a 30

years old boy, who was earning Rs.7500/- per month, met with an

accident on 23.01.2012 while riding on motorcycle bearing

registration No.PB-07-F-5381 and died on the same day and his

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FAO-2649-2015 (O&M) -2-

legal representatives filed a petition under Section 166 of the Motor

Vehicles Act, 1988 seeking compensation on account of death of

Amarjit Singh @ Jeeta. The Tribunal held driver of truck bearing

registration No.HR-55-A-2860 responsible for the accident and

awarded compensation of Rs.12,45,000/- on account of death of

Amarjit Singh @ Jeeta.

3. Learned counsel for the appellants submitted that amount

of compensation may be re-determined in the light of judgement of a

five-Judge Bench of Hon'ble Supreme Court in National Insurance

Company vs. Pranay Sethi and others 2017 (16) SCC 680 and a

three-Judge Bench judgment of Hon'ble Supreme Court in Smt.

Sarla Verma and others vs. Delhi Transport Corporation and

another 2009 (6) SCC 121. He pointed out that no income on

account of future prospects has been calculated. Deduction on

account of personal expenses has been made to the extent of 1/3rd

whereas it should be 1/4th. The interest has been awarded @ 6%

whereas it should be 7.5%. No compensation has been awarded

under conventional heads. He prayed that there are five dependants

of deceased, thus, a sum of Rs. 2 lakhs may be granted as

consortium.

4. Learned counsel for the insurer conceded that amount of

compensation should be re-determined in view of afore-cited

judgments of Hon'ble Supreme Court.

5. I have perused the record and heard arguments of both

sides.

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6. There is no dispute qua age and income of the deceased,

thus, amount of compensation needs to be re-determined in the light

of judgements of Hon'ble Supreme Court in Pranay Sethi's case

(supra) and Smt. Sarla Verma's case (supra). As both the parties

are ad-idem that compensation without disturbing income of the

deceased may be re-determined in view of the afore-cited

judgements. The amount of compensation is re-determined as

below:-

Particulars Amount of compensation (in Rs.) Annual income of the deceased 90000 Future prospects 40.00% Income after addition of future prospects 126000 Deduction on account of 1/4th personal expenses Assessed income 94500 Multiplier (17) 16,06,500 Loss of estate 15000 Loss of consortium 2,00,000 Funeral expenses 15000 Total 18,36,500

7. The appellants are entitled to interest @ 7.5% on

enhanced amount 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 respondent-Insurer is directed to make payment

within a period of eight weeks from today.

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9. The appeal is disposed of in the above-stated terms.

(JAGMOHAN BANSAL) JUDGE 23.09.2022 anju Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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