Punjab-Haryana High Court
Santosh Bala And Ors vs M/S Citco India Pvt. Ltd. & Ors on 12 December, 2023
Neutral Citation No:=2023:PHHC:159258
FAO-1384-1993 (O&M) 2023:PHHC:159258 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
233 FAO-1384-1993 (O&M)
Date of decision :12.12.2023
Santosh Bala and others .....Claimant-Appellants
Versus
M/s Citco India Private Limited 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, Ludhiana (for short 'the Tribunal') vide award
dated 28.04.1993, on account of death of Bal Krishan 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 the last more than 30 years, the counsel for the insurance
company has no objection, if the same is decided on the basis of the
available record.
3. It has been stated in the grounds of appeal that the deceased, 42
years old at the time of accident, was running a business of selling expeller
parts and earning Rs.4000/- per month, however, the Tribunal assessed the
monthly dependency to the tune of Rs.1500/- per month, which is
inadequate. The multiplier of 24 should have been applied. He left behind a
wife and three minor children, one son and two daughters. The
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compensation granted is on the lower side and nothing has been awarded
towards future prospects of increase in income, loss of consortium, loss of
love & affection and funeral expenses.
4. On the other hand, the learned counsel for the insurance
company has opposed the present appeal and states that multiplier already
applied is on the higher side as the deceased was 42 years, as per
postmortem report Ex.A1, otherwise, just and reasonable compensation has
already been awarded to the appellants.
5. Heard and perused the record.
6. Admittedly, the death of Bal Krishan occurred in a vehicular
accident caused by respondent No.2- driver of the offending truck. 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. A perusal of the award reveals that there being no evidence of
income, the Tribunal has rightly considered the monthly dependency of
Rs.1500/-. However, with regard to the enhancement of the compensation,
this Court can make a profitable reference to 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 the appellants are
held entitled to grant of future prospects to the extent of 25%, he being
self-employed and also for the compensation under the conventional heads
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i.e. Rs.15,000/- for funeral expenses; Rs.15,000/- for loss of estate;
Rs.1,20,000/- (40,000 x 3) for loss of love and affection to three minor
children and Rs.40,000/- loss of consortium to wife. The deceased being 42
years, the multiplier of 14 should be applied. Further, there were four
dependents at that time, the deduction of 1/4th ought to be made.
8. Accordingly, the total compensation comes to Rs.5,05,000/-
(1500 (monthly dependency) + 25% (towards future prospectus) 12 x 14
(multiplier) + Rs.1,90,000/- (conventional head). Thus, the enhanced
compensation of Rs.2,17,000/-, over and above the amount of Rs.2,88,000/-
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 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 judgment to the
concerned Tribunal for necessary compliance.
12.12.2023 (AMAN CHAUDHARY)
Ankur JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:159258
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