Rajwanti And Anr vs Shamsher Singh And Ors
2023 Latest Caselaw 1287 P&H

                            FAO-5074-2010 (O&M)                                                    1


                            R-797

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                  FAO-5074-2010 (O&M)
                                                                  Reserved on : 16.01.2023
                                                                  Date of decision : 20.01.2023


                            Rajwanti and Others                                             ....Appellants

                                                            Versus

                            Shamsher Singh and Others                                    .....Respondents



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                            Present :   Mr. Mani Ram Verma, Advocate for the appellants.

                                        Mr. R.C. Gupta, Advocate
                                        for respondent No.3-Insurance Company


                            ALKA SARIN, J.

The present appeal has been preferred by the claimant-

appellants against the award dated 19.11.2009 passed by the Motor Accident

Claims Tribunal, Bhiwani (hereinafter referred to as 'Tribunal').

Since the factum of the accident is not in dispute, the facts are

not being reproduced herein for the sake of brevity. The only challenge in

the present appeal by the claimant-appellants is to the quantum of

compensation as awarded by the Tribunal.

Learned counsel for the claimant-appellants would contend that

as per the post-mortem report the age of the deceased was about 14-15 years

at the time of his death. The accident took place in the year 2008 and further

that the deceased was a student at the time of his death, hence, as per the law YOGESH SHARMA 2023.01.20 13:25 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

laid down by Hon'ble Supreme Court in the cases of Sarla Verma & Ors.

vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121]; National

Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680];

Magma General Insurance Company Limited vs. Nanu Ram alias

Chuhru Ram & Ors. [(2018) 18 SCC 130]; and N. Jayasree & Ors. vs.

Cholamandalam M.S General Insurance Company Ltd. [2021 (4) RCR

(Civil) 642], keeping in view of the age of the deceased, a multiplier of '18'

ought to have been applied and an addition @ 40% ought to have been made

towards future prospects. It is further the contention that no amount has been

awarded towards loss of estate and loss of consortium and that the amount

awarded towards last rites is also on the lower side.

Per contra, learned counsel for the respondent No.3-Insurance

Company has contended that only the mother and the father would

considered as the legal representatives and not the minor brothers and sisters

of the deceased. It is further the contention that the amount awarded is just

and proper and there is no scope of enhancement.

Heard.

The Tribunal in the present case awarded an amount of

Rs.1,73,000/- (Rs.1,68,000/- towards loss of dependency and Rs.5,000/-

towards last rites) along with interest @ 7% from the date of passing of the

award till the payment of compensation. The deceased in the present case

was 15-16 years of age. In the case of Kajal Vs. Jagdish Chand & Ors.

[2020 (2) RCR (Civil) 27], though it was a case of injury, the income of the

minor who was aged 12 years was assessed on the basis of the minimum

wages. In the present case at the time of the accident the minimum wage was

Rs.4,184/- per month. Being a bachelor, deduction of 50% would have to be YOGESH SHARMA 2023.01.20 13:25 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

applied as per the settled law. An addition of 40% would have to be added

towards future prospects. The Tribunal has applied the multiplier keeping in

view the age of the parents which is contrary to the law laid down. A

multiplier of '18' would be applicable keeping in view the age of the

deceased. Further, as per the settled law an amount of Rs.16,500/- would be

payable towards loss of estate and Rs.16,500/- towards funeral expenses.

Though the minor siblings of the deceased cannot be held to be dependent

on the deceased, however, they would be entitled to filial consortium. Even

the parents would be entitled to filial consortium. In view thereof, all five i.e.

the parents and 3 siblings, are awarded an amount of Rs.44,000/- each

towards filial consortium. Accordingly, the modified amounts as awarded

are as under :

                        Sr. No.                      Heads                      Compensation Awarded
                               1    Monthly income of the deceased          Rs.4,184/-
                               2    Annual income of the deceased           [4184 x 12] =Rs.50,208/-
                               3    Deduction 1/2                           [50208-25104] =Rs.25,104/-
                               4    Future Prospects @ 40%                  [25104+10,041] = 35,145/-
                               5    Multiplier of 18                        [35145x18] = Rs.6,32,620/-
                               6    Loss of estate                          Rs.16,500/-
                               7    Funeral expenses                        Rs.16,500/-
                               8    Loss of Consortium :
                                    Filial                                  Rs.2,20,000/- (44000 x 5)
                                    Total Compensation                      Rs.8,85,620/-
                                    Amount Awarded by the Tribunal          Rs.1,73,000/-
                                    Enhanced amount                         Rs.7,12,620/-

The Tribunal has erroneously awarded the interest from the date

of passing of the award, however, the same as per the settled law needs to be

awarded from the date of filing of the claim petition. Accordingly, the entire

YOGESH SHARMA 2023.01.20 13:25 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

amount including the enhanced amount shall carry interest @ 7% from the

date of filing of the claim petition till realization.

In view of the above discussion, the present appeal is allowed

and the award passed by the Tribunal is modified accordingly. Pending

applications, if any, also stand disposed off.

                                                                                     ( ALKA SARIN )
                            20.01.2023                                                  JUDGE
                            Yogesh Sharma

NOTE : Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2023.01.20 13:25 I attest to the accuracy and integrity of this order/judgment.

Chandigarh