Punjab-Haryana High Court
Amarjit Kaur & Ors vs Gurbachan Singh & Ors on 1 June, 2023
Neutral Citation No:=2023:PHHC:080359
FAO No. 4008 of 2011 -1-
2023:PHHC:080359
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
FAO No. 4008 of 2011 (O&M)
Date of decision : 1.6.2023
...
Amarjit Kaur and others ................Appellants
vs.
Gurbachan Singh and others .................Respondents
Coram: Hon'ble Mr. Justice H. S. Madaan
Present: Mr. Deepak Arora, Advocate for the appellants.
Mr. Radhe Shyam Sharma, Advocate for respondent No.6 -
Insurance company.
...
H. S. Madaan, J. (Oral)
Remaining arguments heard.
CM 6175-CII-2023
The main appeal is pre-poned and is taken up today for
hearing.
The application stands disposed of accordingly.
Main case.
1. Briefly stated, facts of the case are that, one Dharam Pal,
aged 57 years, working as a Conductor with Punjab Roadways
Jalandhar-I, had died in a motor vehicular accident, which took place
on 29.8.2009, in the area of bus stand, Jalandhar. That Dharam Pal
deceased, was helping Gurbachan Singh driver of bus No. PB-12-C-
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1990 in parking bus at counter of bus-stand Jalandhar. At that time,
Bhulla Singh @ Bhola Singh driver of bus No. PB-08-BH-3451 of
M/s Kartar Bus Service, Jalandhar, was also parking his bus at the
counter. Both the buses were being driven in the reverse gear in a
very rash and negligent manner. Due to that Dharam Pal got
sandwiched between the sides of the two buses and got squeezed.
Resultantly, he received serious injuries. Though he was hospitalized,
but he succumbed to those injuries.
2. Legal Representatives of such deceased, namely, his
wife Amarjit Kaur, aged 52 years and sons Jaspreet Singh and
Sunpreet Singh aged 22 years and 18 years respectively, residents of
Village Khun Khun Kalan, Tehsil Dasuya, District Hoshiarpur, had
brought a claim petition under Section 166 of the Motor Vehicles
Act, 1988, against respondents i.e. Gurbachan Singh, - driver,
General Manager, Punjab Roadways, Jalandhar-I and State of Punjab
through its Secretary, Transport, Secretariat, Chandigarh, Punjab -
owners and Bhulla Singh @ Bhola Singh - driver, M/s Kartar Bus
Service, Old Railway Raod, Jalandhar - owner and the Oriental
Insurance Company Limited, Jalandhar - Insurer of bus No. PB-08-
BH-3451, claiming compensation.
3. After contest, the claim petition was accepted by the
Motor Accidents Claims Tribunal, (Adhoc), Fast Track Court,
Hoshiarpur, vide award dated 23.2.2011 and compensation of
Rs.3,50,000/- alongwith interest @ 7.5% per annum from the date of
filing of the claim petition, till actual realization, was passed in
favour of the claimants against respondents. The liability to pay this
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amount was apportioned equally amongst the driver, owners of bus
No. PB-12-C-1990 and driver, owner and Insurance company of bus
No. PB-08-BH-3451.
4. Finding the compensation so awarded to be on lower
side, the claimants have approached this Court by way of filing the
present appeal, notice of which was given to the respondents.
However, only respondent No.6 - Oriental Insurance company has
put in appearance through counsel to contest the appeal.
5. I have heard learned counsel for the parties, besides
going through the record.
6. The Tribunal, considering the facts and circumstances of
the case, as well as the evidence brought on record by the parties, had
come to the conclusion that Dharampal deceased died in the mishap
since he was squeezed in between the two buses i.e. bus No. PB-12-
C-1990 being driven by respondent Gurbachan Singh, such bus
belonging to Punjab Roadways, Jalandhar -I and bus No. PB-08-
BH-3451 being driven by respondent Bhulla Singh @ Bhola Singh,
such bus belonging to M/s Kartar Bus Service, Jalandhar and that
drivers of both the buses were negligent and rash and accident was
result of rashness and negligence on the part of drivers of both the
buses. In that way the drivers of both the buses alongwith owners of
the buses, as well as Insurance company of bus No. PB-08-BH-3451
were found liable to pay the compensation to the claimants, who were
found to be legal representatives of the deceased.
7. While assessing the compensation payable, the Tribunal
had worked out the same as under :-
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1. Income of the deceased Rs.20,320/- p.m., as per salary certificate,
dependency Rs.13,547 X 8 = Rs.1,08,000/-
2. Loss of pension Rs.6,000, dependency = Rs.4,000/- p.m.
annually Rs.48,000/- using the multiplier = Rs.2,40,000/-
of 5.
3. Last rites = Rs.2,000/-
Total = Rs.3,50,000/-
8. However, I find that the Tribunal clearly fell in error in
calculating the compensation payable. It was proved on record from
the testimony of AW-3 Kuldeep Singh Banwait, Assistant Controller,
Finance and Accounts, Office of General Manager, Punjab
Roadways, Jalandhar-1, that Dharam Pal deceased was drawing a
sum of Rs.20,320/- as total emoluments on 29.8.2009 in terms of
salary certificate Exhibit A-3, in pre-revised scales. AW-3 Kuldeep
Singh Banwait proved copy of pre-revised scales as Exhibit A-4,
stating that as per record the date of birth of deceased was 8.4.1952
and his date of retirement was 30.4.2010.
9. Therefore, his annual income comes to Rs.2,43,840/-.
Deducting the income tax @ 10% of the amount above Rs.1,60,000/-,
as per Income Tax Slab for financial year 2009-2010, to the tune of
Rs.8,384/-, the balance income comes to Rs.2,35,456/-.
10. In terms of judgment, National Insurance Company
Limited vs. Pranay Sethi, 2017 (4) RCR (Civil) 1009, when the
deceased was having a permanent job and was between the age of 50
to 60 years then an addition of 15% should be made towards future
prospects. Doing that, an amount of Rs.35,318/- is to be added on
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that count, making the total annual income of the deceased as
Rs.2,35,456 + 35,318 = Rs.2,70,774/- .
11. Keeping in view the number of claimants- dependents,
deduction of 1/3th of the amount is to be made towards personal and
living expenses of the deceased, which comes to Rs.90,258/- . The
annual dependancy of the claimants is thus worked out to
Rs. 2,70,774 - 90,258 = Rs.1,80,516/-.
12. In view of the judgment Smt. Sarla Verma vs. Delhi
Transport Corporation 2009 (3) RCR (Civil) 77, when the deceased
was in the age group of 56-60 years the multiplier of 9 should be
applied. By doing that, the total dependency is worked out to
Rs.1,80,516 x 9 = Rs.16,24,644/-.
13. The claimants are entitled to get Rs.15,000/- towards
funeral expenses, Rs.15,000/- towards loss of estate and Rs.40,000/-
towards loss of consortium. The total compensation amount is thus
worked out to Rs. 16,24,644 + Rs.15,000 + Rs.15,000 + Rs.40,000 =
Rs.16,94,644/-.
14. The Tribunal has awarded compensation of
Rs.3,50,000/-. Therefore, the compensation is enhanced by
Rs.16,94,644 - 3,50,000 = Rs. 13,44,644/-
15. The enhanced amount of compensation of Rs.
13,44,644/- alongwith interest @ 7.5% per annum with costs, is to be
paid by respondents No.1 to 3 to the extent of 50% and respondents
No. 4 to 6 to the extent of remaining 50%.
16. The Tribunal has not clarified with regard to the
apportionment of compensation amongst the claimants. The enhanced
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compensation amount alongwith interest and costs be apportioned
among the appellants-claimants as under -
1. Amarjit Kaur - 60%
2. Jaspreet Singh - 20%
3. Sunpreet Singh - 20%
17. In that way, the appeal is allowed, with costs.
( H.S. Madaan )
1.6.2023 Judge
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
Neutral Citation No:=2023:PHHC:080359
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