Punjab-Haryana High Court
Santosh And Ors vs Balwan Singh And Ors on 10 August, 2023
Neutral Citation No. : 2023:PHHC:107635
FAO-449-1991 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
208
FAO-449-1991
Decided on : 10.08.2023
Santosh and others
. . . Appellant(s)
Versus
Balwan Singh and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Deepinder Singh Walia, Advocate
for the appellant(s).
Mr. R.K. Bashamboo, Advocate
for respondent No.3 - Insurance Company.
****
SANJAY VASHISTH, J. (Oral)
1. The present appeal has been filed by the
appellants/petitioners/claimants (hereinafter referred as claimants) in MACT
Case No. 8 of 1990, dated 19.02.1990, for modification of award dated
19.01.1991, passed by Ld. Motor Accidents Claims Tribunal, Hisar
(hereinafter referred to as 'Ld. Tribunal') by way of seeking enhancement of
amount of compensation, on account of death of 'Rai Singh'.
2. The claimants in the MACT case were claimant No.1 - Smt.
Santosh (widow of the deceased), claimant No.2 - Nirmala (minor daughter
of the deceased), claimant No.3 - Jai Lal (father of the deceased) and
claimant No.4 - Smt. Chhagi (mother of the deceased). In the present appeal
before this Court, all the claimants are party in the same order seeking
enhancement of compensation awarded by Ld. Tribunal on account of death
of Rai Singh.
3. Briefly stated facts of the case are that on 26.11.1989, at around
JAWALA RAM
2023.08.23 17:27
I attest to the accuracy and
integrity of this document
Neutral Citation No. : 2023:PHHC:107635
FAO-449-1991 -2-
7:50 AM, deceased Rai Singh was coming from Khairampur on his
motorcycle bearing registration No. HRF/7474. Near the fields of Kanha
Ram, a bus bearing registration No. HYT/9804 being driven in a very rash
and negligent manner came from the opposite side and struck the
motorcycle. Rai Singh was seriously injured and ultimately, succumbed to
his injuries in Civil Hospital, Adampur.
4. Claimants filed a claim petition under Section 166 of the Motor
Vehicle Act, 1988 for seeking compensation of Rs.4,00,000/-. However,
after going through the record, appreciating the evidences, examining the
witnesses and hearing the arguments of both the sides, Ld. Tribunal assessed
the age of the deceased as 24; his monthly income as Rs.810/-; applied the
multiplier of 16; and accordingly, awarded compensation to the claimants to
the tune of Rs.1,03,680/- payable by respondents severally and jointly with
interest @12% per annum from the date of filing of the petition till its actual
realization.
Appellants/petitioners/claimants have filed the present petition
seeking enhancement of the compensation as awarded by the Ld. Tribunal.
5. While addressing arguments, Counsel for the appellants submits
that the Ld. Tribunal has erred in determining the monthly salary of the
deceased Rai Singh; failed to enhance the income on account of future
prospects; has deducted personal expenses on the higher side and failed to
grant any compensation on account of funeral expenses, loss of consortium,
loss of estate.
6. On the other hand, Ld. Counsel for Respondent No. 3 -
Insurance Company, submits that the Ld. Tribunal has rightly determined
the monthly salary of the deceased as per prevailing wages of daily labourers
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integrity of this document
Neutral Citation No. : 2023:PHHC:107635
FAO-449-1991 -3-
and there is no need to interfere in the amount of compensation awarded by
the Ld. Tribunal.
7. As far as the monthly income of the deceased is concerned, in
the absence of any conclusive proof worth regard to the income of the
deceased, this Court deems it appropriate to assess the income of the
deceased in accordance with the minimum wages prevalent in the State of
Haryana at the time of accident that is Rs. 625/- P.M.
8. This Court has already rendered a detailed judgment titled as
Sangtari Muleem v. Karnail Singh, (FAO No. 2538 of 2006 D/d.
07.07.2023) : Law Finder Doc Id # 2270482, in consonance with the settled
proposition of law laid down by the Apex Court in National Insurance
Company Limited v. Pranay Sethi and Ors., 2017(4) RCR (Civil) 1009 :
Law Finder Doc Id #918174, and Smt. Sarla Verma and others v. Delhi
Transport Corporation and another, 2009(3) RCR (Civil) 77 : Law Finder
Doc Id #188882, and Smt.Anjali and others v. Lokendra Rathod and
others, 2023 (1) R.C.R. (Civil) 22 : Law Finder Doc Id #2081014.
Therefore, in the case in hand, same parameters as laid down by the Hon'ble
Apex Court are applied for the purpose of calculation of compensation. For
the sake of convenience, a comparative table of the compensation as
assessed and calculated by Ld. Tribunal and this Court is produced below in
a tabular form:
Sr. Head Compensation Compensation
No. awarded by Ld. Awarded by High
Tribunal Court
1. Income Rs.810/- p.m. Rs.625/- p.m.
2. Future Prospects NIL Rs. 250/-
(i.e. 40% of the income)
3. Deduction towards Rs.270/- Rs.218.75/-
personal expenses (1/3rd of Rs. 810/-) [i.e. 1/4th of (Rs. 625/-
+ Rs. 250/-)]
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2023.08.23 17:27
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integrity of this document
Neutral Citation No. : 2023:PHHC:107635
FAO-449-1991 -4-
4. Total Annual Income Rs.6,480/- Rs.7,875/-
(Rs. 540 x 12) [i.e. 3/4th of (Rs.625/- +
Rs. 250) x 12]
6. Loss of Dependency Rs. 1,03,680/- Rs.1,41,750/-
(i.e. Rs.7,875 x 18)
7. Funeral Expenses NIL Rs.25,000-/-
8. Loss of Estate NIL Rs.20,000-/-
9. Loss of Spousal NIL Rs.44,000-/-
Consortium
10. Loss of Parental NIL Rs.44,000/-
Consortium
11. Loss of Filial Consortium NIL Rs.88,000/-
to parents i.e. mother and (i.e. Rs. 44,000/- X 2)
father of the deceased
12. Total Compensation to be Rs. 1,03,680/- Rs.3,62,750/-
Paid
9. Counsel for the appellants further submits that the rate of
interest awarded by the Ld. Tribunal i.e. at 12% per annum from the date of
filing of the claim petition till its realization is worth to be maintained.
However, learned counsel appearing on behalf of respondent No.3 -
Insurance Co., submits that the rate of interest should not be over the
awarded amount and therefore, it should not be more than 6% per annum.
10. I have gone through the judgments cited by counsel for the
appellants (claimants) and thus, I deem it appropriate to grant the rate of
interest at 7.5% per annum.
11. Thus, keeping in view the aim of this beneficial legislation of
providing relief to the victims or their families, the total compensation
payable to the appellants (claimants) is Rs.3,62,750/- along with interest at
7.5% per annum from the date of filing of claim petition till the date of
payment of compensation to the appellants (petitioners/claimants).
12. Needless to mention that out of the total payable compensation
amount, already paid amount (if any) in compliance to the impugned award
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integrity of this document
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FAO-449-1991 -5-
would be adjusted.
13. Therefore, by partly modifying the award, appeal is allowed
with the terms indicated here-above.
(SANJAY VASHISTH)
JUDGE
August 10, 2023
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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2023.08.23 17:27
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integrity of this document
