Punjab-Haryana High Court
Dharam Singh And Anr vs Jasbir Singh And Ors on 16 December, 2023
Neutral Citation No:=2023:PHHC:161832
FAO-915-1993 2023:PHHC:161832 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
239-2
FAO-915-1993
Date of decision: 16.12.2023
Dharam Singh and another .....Claimant-Appellants
Versus
Jasbir Singh and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Prabhsher Singh Walia, Advocate
for the appellants.
Mr. Paul S. Saini, 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, Ropar (for short 'the Tribunal') vide award dated
16.10.1992, on account of death of Gurcharan Singh in a motor vehicular
accident.
2. Learned counsel contends that the deceased, 21 years old at the
relevant time, was working as a truck driver and earning Rs.700/- per month,
however, the annual dependency of the claimants was taken to the tune of
Rs.2400/-, which is inadequate. He was unmarried and left behind his
parents. The multiplier of 16 applied by the Tribunal is also incorrect, as in
view of law laid down in Sarla Verma and others vs. Delhi Transport
Corporation and another, 2009(3) RCR (Civil) 77, it should be 18. The
compensation assessed by the Tribunal is on the lower side and nothing has
been awarded towards future prospects of increase in income, loss of love &
affection and funeral expenses.
3. On the other hand, Mr. Paul S. Saini, Advocate for respondent
1 of 3
Neutral Citation No:=2023:PHHC:161832
No.3- Insurance submits 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.
4. Heard and perused.
5. It is not disputed that the death of the deceased-Gurcharan
Singh had occurred in a roadside accident caused by respondent No.1. In so
far as the fact of accident and manner of its taking place, as well as liability
fastened upon the owner, driver and insurer of the 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.
6. A perusal of the award reveals that as per the statement of
Dharam Singh, the deceased was earning Rs.700/- per month being working
as driver, to which there was no rebuttal, therefore, the same is to be
assessed as it is considering his avocation. 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 (supra), 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 40%, he being self-employed and also for
the compensation under the conventional heads i.e. Rs.18,000/- for funeral
expenses; Rs.96,000/- (48,000 x 2) for loss of love and affection to both
parents. The deceased being 21 years, the multiplier of 18 should be applied
and also the claimants are the parents and the deceased being bachelor, the
deduction of 1/2 ought to be made.
2 of 3
Neutral Citation No:=2023:PHHC:161832
7. Consequently, the total compensation comes to Rs.2,19,840/-
(700 (monthly income) + 40% (towards future prospects) - 1/2 (deduction
towards personal expenses) x 12x 18 (multiplier) + Rs.1,14,000/-
(conventional head). Thus, the enhanced compensation of Rs.1,81,440/-,
over and above the amount of Rs.38,400/- 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.
8. Modifying the award to the aforesaid extent, the present appeal
is disposed of.
16.12.2023 (AMAN CHAUDHARY)
Hemant JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2023:PHHC:161832
3 of 3
