Punjab-Haryana High Court
Somi And Others vs Des Raj And Others on 25 January, 2023
206-A
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.1570 of 2012 (O&M)
Date of Decision : 25.01.2023
Somi and Others ....Appellants
VERSUS
Des Raj and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Akhilesh Vyas, Amicus Curiae
Mr. Neeraj Khanna, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
Since none has put in appearance on behalf of the appellants,
Mr. Akhilesh Vyas, Advocate is appointed as Amicus Curiae in the present
case to assist the Court.
The present appeal has been preferred by the claimant-
appellants for enhancement of the compensation as awarded by the Motor
Accident Claims Tribunal, Panchkula (hereinafter referred to as the
'Tribunal') vide award dated 30.09.2011 in a death case. Connected appeal
being FAO-6901-2011 has been dismissed by this Court vide separate order
of even date.
The factum of the accident is not in dispute and hence the facts
are not adverted to in the present appeal for the sake of brevity.
Learned amicus appearing on behalf of the claimant-appellants
would contend that in the present case no amount has been awarded towards
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2023.01.27 13:40 future prospects and consortium as well as under the conventional heads. In
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support of his contentions, learned amicus has relied upon the law laid
down 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].
Per contra, learned counsel for respondent no.3-Insurance
Company has contended that sufficient amount has already been awarded
and there is no scope for any enhancement.
I have heard learned counsel for the parties.
The Tribunal in the present case awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Monthly Income of the deceased Rs.4,500/-
2 Annual dependency of the claimants Rs.40,500/-
after deduction of 1/4th
3 Multiplier of 14 Rs.5,67,000/-
4 Loss of Estate Rs.5,000/-
5 Funeral Expenses Rs.5,000/-
6. Loss of consortium Rs.10,000/-
Total Compensation Rs.5,87,000/-
In the absence of any evidence, the income of the deceased was
assessed on the basis of minimum wages i.e. Rs.4500/-. The age of the
deceased at the time of the accident was 45 years. The Tribunal has correctly
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applied multiplier of 14 and has rightly applied a cut of 1/4th, however, no
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amount has been awarded towards future prospects and under the
conventional heads and the amount given under the head consortium is on
the lower side.
In view of the settled law, the claimant-appellants would be
entitled to an addition of 25% towards future prospects. An amount of
Rs.33,000/- is awarded under the conventional heads. The widow would be
entitled to spousal consortium of Rs.44000/-. The children would be entitled
to an amount of Rs.44,000/- each towards parental consortium. The sister
would be entitled to an amount of Rs.44,000/- towards filial consortium.
The modified amount of compensation to which the claimant-appellants are
entitled is re-worked as under :
Sr. Heads Compensation Awarded
No.
1 Annual Income of the deceased [4500 x 12] =
Rs.54,000/-
2 Deduction of 1/4th share [54000-13500] = Rs.40,500/-
3 Future prospects @ 25% [40500+10125] =
Rs.50,625/-
4 Multiplier of 14 Rs.7,08,750/-
5 Loss of Estate Rs.16,500/-
6 Funeral Expenses Rs.16,500/-
7 Loss of Consortium Rs.2,20,000/-
Parental : Rs.1,32,000/-
(R.44000x3)
Spousal : Rs. 44,000/-
Filial : Rs.44,000/-
Total Compensation Rs.9,61,750/-
Amount Awarded by the Tribunal Rs.5,87,000/-
Enhanced amount Rs.3,74,750/-
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The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 7.5% from the date of
filing of the claim petition till realization of the entire amount. The amount
awarded shall be apportioned equally amongst the widow and the three
children of the deceased, excluding the amount awarded to the sister of the
deceased i.e. claimant-appellant No.5. The sister of the deceased i.e.
appellant No.5 would be entitled to an amount of Rs.44,000/- under head
consortium.
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.
Registry to send a certified copy of this order to the appellants.
January 25, 2023 (ALKA SARIN)
tripti JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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