Budh Ram And Anr vs Mukul Rohila And Ors
2023 Latest Caselaw 371 P&H

      In the High Court of Punjab and Haryana at Chandigarh

125                                     FAO-5954-2015 (O & M)
                                        Date of Decision: January 10, 2023

BUDH RAM AND ANR                                             .....APPELLANTS

                                     VERSUS
MUKUL ROHILA AND ORS                                          ....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr.Ashish Yadav, Advocate for the appellants.

Mr. Amit Kundra, Advocate for respondent No.3-Insurance Company.

ANUPINDER SINGH GREWAL, J (ORAL)

The appellants have sought enhancement of the compensation

determined by the MACT, Rewari.

Learned counsel for the appellants submits that the child of the

appellants aged 06 years had expired in the accident. The Tribunal should have

assessed the notional income of the child as Rs.50,000/- per annum instead of

Rs.30,000/- per annum. The Tribunal has granted only a lump sum of

Rs.50,000/- under all other heads while the loss of consortium etc. had to be

determined at the rate of Rs.44,000/- each to each of the claimants, an amount

of Rs.16,500/- towards funeral expenses and a sum of Rs.16,500/- towards loss

of estate. In support of his submissions, he has relied upon the judgments of

this Court passed in FAO-2834-2016 titled as Sunita Devi and another versus

Vijay Pal and others decided on 18.05.2018; in FAO-8055-2017 titled as

Paramjeet Kaur and another versus Naseem Ahmad and others decided on

27.11.2019 and the judgment of the Supreme Court in N. Jayshree & others

Vs. Cholamandalam MS General Insurance Company Ltd., 2021 (4) RCR

(Civil) 642.

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Learned counsel for the respondent-Insurance Company submits

that the multiplier of 18 has erroneously been applied while a multiplier of 15

should have been applied as deceased was child of 06 years. He has relied upon

the judgment of the Supreme Court in Krishan Gopal and another versus

Lala and others, 2014 (1) SCC 244.

Heard.

The appellants are the parents of Shubham, who had expired in the

accident which took place on 13.04.2014. It is alleged that the child was hit by

a vehicle which was being driven in a rash and negligent manner. It has been

held by the Coordinate Benches of this Court in the cases of Sunita Devi and

another versus Vijay Pal and others (supra) and Paramjeet Kaur and

another versus Naseem Ahmad and others (supra) that the notional income

of a child would be taken as Rs.50,000/- per annum. The Tribunal has awarded

a lump sum of Rs.50,000/- per annum under all the other heads. It has been

held by the Supreme Court in Magma General Insurance Co. Ltd. Versus

Nanu Ram alias Chuhru Ram and others, 2018 (18) SCC 130 that a sum of

Rs.40,000/- each is payable to claimants towards loss of filial consortium. A

sum of Rs.15,000/- would be payable towards funeral expenses.

The Supreme Court in National Insurance Company Limited

versus Pranay Sethi, (2017) 16 SCC 680, while directing allowing

Rs.40,000/- for loss of consortium; Rs.15,000/- for funeral expenses and

Rs.15,000/- for loss of estate, has held that these amounts should be enhanced

@ 10% every three years. This was also upheld by Supreme Court in

N. Jayshree & others Vs. Cholamandalam MS General Insurance

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FAO-5954-2015 (O & M) -3-

Company Ltd., 2021 (4) RCR (Civil) 642. Therefore, the amount of enhanced

compensation is assessed as under:-

Sr.No.    Head of Compensation                                       Amount
1.        Notional Income (50,000/- x 15)                            Rs.7,50,000/-
2.        Filial Consortium (44,000/- x 2)                           Rs.88,000/-
3.        Funeral Expenses                                           Rs.16,500/-
4.        Loss of Estate                                             Rs.16,500/-
          Total                                                      Rs.8,71,000/-
          Already Allowed by Tribunal                                Rs.5,90,000/-
          Enhanced compensation                                      Rs,2,81,000/-

               Consequently,   the   appeal     is   allowed      and    the   enhanced

compensation of Rs.2,81,000/- shall be payable along with interest thereon at

the rate of 7.5 % per annum from the date of filing of the claim petition till

realization.

                                         (ANUPINDER SINGH GREWAL)
                                                  JUDGE
January 10, 2023
A.Kaundal

      Whether speaking/ reasoned         :      Yes/No
      Whether Reportable                 :      Yes/No




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