Smt.Gurpreet Kaur & Ors vs Deepak Kumar & Ors
2023 Latest Caselaw 20839 P&H

Punjab-Haryana High Court

Smt.Gurpreet Kaur & Ors vs Deepak Kumar & Ors on 1 December, 2023

                    FAO-961-1995                           2023:PHHC:153342               1


                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                     AT CHANDIGARH
                    229
                                                                         FAO-961-1995
                                                                         Date of decision: 01.12.2023

                    Gurpreet Kaur and others                                    .....Claimant-Appellants

                                                            Versus

                    Deepak Kumar and others                                           ..... Respondents

                    CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

                    Present:            None for the appellants.

                                        Mr. Deepak Suri, Advocate
                                        for respondent No.3-Insurance Company.

                    AMAN CHAUDHARY, J.

1. The present appeal has been filed by the claimant-appellants for

enhancement of the compensation amount awarded by the learned Motor

Accident Claims Tribunal, Patiala (for short 'the Tribunal') vide award dated

04.05.1994, on account of death of Ranjit Singh in a motor vehicular

accident.

2. This is a reconstructed case, as the original file was burnt in the

fire that broke out in the concerned branch in the year 2011. Since the case is

pending for more than 28 years, the counsel for respondent No.3 has no

objection, if the same is decided on the basis of the available record.

3. It has been averred in the grounds of appeal that the deceased,

31 years old at the relevant time, was doing transport business, earning

Rs.10,000/- per month, however, his income has been assessed as Rs.1000/-,

which is inadequate. He left behind a wife, four minor children and parents.

The compensation assessed by the Tribunal is on the lower side with regard

to funeral expenses. Nothing has been awarded by the Tribunal towards

future prospects of increase in income, loss of consortium, loss of love and

HAMANT affection.

authenticity of this order/judgment

4. On the other hand, learned counsel for the respondents submit

that the Tribunal has assessed the compensation in light of the evidence led

by the claimant-appellants, thus, they pray for the dismissal of the present

appeal.

5. Heard learned counsel on either side and record perused.

6. There is no dispute with regard to the death of the deceased-

Ranjit Singh, occurred in a motor vehicular accident. So far as the fact of

accident and manner of its taking place, as well as liability fastened upon the

driver, owner and insurer of the offending vehicle, to be joint and several are

concerned, it is pertinent to mention that challenge to the same has been

made by way of FAO No.14 of 1995 and FAO No.2136 of 1995 which was

dismissed by this Court vide judgment dated 23.02.2023.

7. Perusal of the award reveals that there being no evidence of

income of the deceased, the Tribunal has rightly considered it to be

Rs.1,000/- per month. However, with regard to the enhancement of the

compensation, this Court can rightly fall back on the law laid down in Sarla

Verma and others vs. Delhi Transport Corporation and another,

2009(3) RCR (Civil) 77, National Insurance Company Limited vs.

Pranay Sethi and others 2017(4) RCR (Civil) 1009 and Janabai vs. ICICI

Lambord Insurance Co. Ltd., (2022) 10 SCC 512 and accordingly holds

the appellants entitled to grant of future prospects to the extent of 40%, he

being on private job as also under the conventional heads i.e. Rs.15,000/- for

funeral expenses, Rs.1,60,000/- (40,000 x4) for loss of love and affection to

the children, Rs.40,000/- for loss of consortium to the wife and Rs.40000/-

for loss of love and affection to the parents. The deceased being 31 years,

the multiplier of 16 should be applied. Further, there were seven dependents

at that time, the deduction of 1/5th ought to be made.

authenticity of this order/judgment

8. Consequently, the total compensation comes to Rs.4,70,040/-

(1000 (monthly income) x 40% (towards future prospects) - 1/5th (deduction

towards personal expenses)x 12 x 16 (multiplier) +Rs.2,55,000/-

(conventional head). Thus, the enhanced compensation of Rs.2,90,040/-,

over and above the amount of Rs.1,80,000/- already awarded by the

Tribunal, alongwith interest at the rate of 7.5% per annum from the date of

filing of the present appeal, till its realization, shall be paid to the claimant-

appellants by the respondents, as ordered by the Tribunal, within a period of

2 months from the date of receipt of a certified copy of this judgment.

Failing which, the amount shall accrue an interest as awarded by the

Tribunal.

9. Modifying the award to the aforesaid extent, the present appeal

is disposed of.

                    01.12.2023                                            (AMAN CHAUDHARY)
                    Hemant                                                     JUDGE

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







authenticity of this order/judgment