Punjab-Haryana High Court
Ram Kaur & Anr vs Til Bahadur & Ors on 12 December, 2023
Neutral Citation No:=2023:PHHC:159012
FAO-2248-1995 2023:PHHC:159012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
238
FAO-2248-1995
Date of decision: 12.12.2023
Ram Kaur and another .....Claimant-Appellants
Versus
Til Bahadur and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: None for the appellants.
Mr. Neeraj Khanna, 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
11.05.1995, on account of death of Gurmeet 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,
22 years old at the relevant time, was employed as Constable in C.R.P.F.,
and getting salary of Rs.2430/- per month, however, the annual dependency
of the claimants was taken to the tune of Rs.6,000/-, which is inadequate. He
left behind his parents. The multiplier of 4 applied by the Tribunal is also
incorrect. The compensation assessed by the Tribunal is on the lower side.
4. On the other hand, learned counsel for respondent No.3 submits
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that the Tribunal has assessed the compensation in light of the evidence led
by the claimant-appellants, thus, prays for the dismissal of the present
appeal.
5. Heard and perused.
6. It is not disputed that the death of the deceased-Gurmeet Singh
had occurred in a roadside accident caused by respondent No.1. 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 no challenge to the
same has been made and thus, this issue does not warrant any further
scrutiny.
7. Perusal of the award reveals that as per salary certificate
Ex.P-1, the salary of the deceased was Rs.1863/- per month, which is not in
dispute, however, the Tribunal merely on presumption basis, assessed the
annual dependency of the claimants to the tune of Rs.6000/- by taking it to
be Rs.500/- per month. On strength of 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, this Court holds the appellants
entitled to enhanced compensation, by granting them future prospects to the
extent of 50%, he being in Government job as also under the conventional
heads i.e. Rs.15,000/- for funeral expenses, Rs.80,000/- (40,000 x2) for loss
of love and affection to the parents. The deceased being 22 years, the
multiplier of 18 should be applied. Further, the claimants being the parents,
as the deceased was bachelor, the deduction of 1/2 ought to be made.
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8. Consequently, the total compensation comes to Rs.3,96,806/-
(1863 (monthly income) + 50% (towards future prospects) - 1/2 (deduction
towards personal expenses) x 18 (multiplier) + Rs.95,000/- (conventional
head). Thus, the enhanced compensation of Rs.3,60,806/-, over and above
the amount of Rs.36,000/- 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
respondent, 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.
10. Registry is directed to send a copy of the order to the concerned
Tribunal for necessary compliance.
12.12.2023 (AMAN CHAUDHARY)
Hemant JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:159012
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