Punjab-Haryana High Court
Satya Devi & Anr vs Balkar Singh & Others on 1 September, 2023
2023:PHHC:115184
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-1149-1999 (O&M)
Date of Decision: September 01, 2023
Satya Devi and another
...Appellants
VERSUS
Balkar Singh and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.A.P.Bhandari, Advocate
for the appellants.
Appeal qua respondents No.1, 5 to 12 not pressed.
Respondents No.2 and 3 proceeded against ex-parte.
Mr.Suvir Dewan, Advocate
for respondent No.4.
****
ARCHANA PURI, J.
The present appeal has been filed by the appellants-claimants
i.e. widow and minor son of deceased Kuldip Singh, thereby, seeking
enhancement of the compensation, so awarded by learned Motor Accident
Claims Tribunal, on account of death of Kuldip, in a motor vehicular
accident, which took place on 01.07.1994.
On appraisal of the evidence brought on record, learned
Tribunal had granted compensation, to the extent of Rs.2,88,000/- to the
widow, minor as well as parents of the deceased.
VINEET GULATI
2023.09.05 10:29
I attest to the accuracy and
authenticity of this document
Chandigarh
2023:PHHC:115184
FAO-1149-1999 -2-
Being dissatisfied with the extent of compensation, so granted,
the appellants-claimants Satya Devi and Manphool have filed the present
appeal for seeking enhancement of the compensation.
So far as the fact of accident and manner of taking place of the
same, as well as involvement of the offending vehicle i.e. truck bearing
registration No.HYR-4811 and the liability, so fastened upon the driver,
owner and insurer of the offending vehicle, to be joint and several are
concerned, it is pertinent to mention that none of the persons, so made liable,
have filed the appeal, to assail the Award passed by learned Tribunal and as
such, the findings, so recorded by learned Tribunal have attained finality.
At the very outset, learned counsel for the appellants-claimants
has submitted that earnings of the deceased have been erroneously
considered on lower side. Even the multiplier of '16' has been applied,
whereas, suitable multiplier was '25'. It is submitted that the compensation,
so worked upon, is too meagre. As such, a prayer has been made for
extensive enhancement of the compensation.
On the contrary, learned counsel for the Insurance Company has
resisted the claim of the appellants-claimants. In fact, learned counsel
submitted that no satisfactory evidence, with regard to extent of earnings of
the deceased, as such, is coming on record. In the light of the same, the
compensation, so worked upon by learned Tribunal, is just and reasonable,
which calls for no interference.
At the very outset, it is should be noted that it is the specific
case of the appellants-claimants that deceased Kuldip Singh was employed
as Compounder with Dr.Raj Kumar Garg, Vishal Nursing Home, Cheeka
VINEET GULATI
2023.09.05 10:29
I attest to the accuracy and
authenticity of this document
Chandigarh
2023:PHHC:115184
FAO-1149-1999 -3-
and was engaged in dairy farming and was earning Rs.2,500/- per month.
To so substantiate the avocation, followed by the deceased and extent of his
earnings, claimant Satya Devi ha stepped into witness box as PW-2.
Though, she deposed as per pleaded case, but however, besides her
statement, no other evidence has been led to substantiate the extent of
earnings. But any how, there is nothing, as such also, coming on record, to
dispute the assertion, so made by the claimant.
In the given circumstances, learned Tribunal has appropriately
considered the earnings of the deceased to be Rs.2,000/- per month.
However, addition of future prospects and compensation under the
conventional heads ought to be made qua extent of earnings of the deceased
and therefore, the compensation, so worked upon by learned Tribunal,
requires re-computation.
Considering the monthly earnings of the deceased to be
Rs.2,000/-, the annual income comes to be Rs.24,000/-. Deceased Kuldip
Singh was stated to be about 21 years old. Relating to the same, suffice to
make reference to the recitals of the post-mortem report as well as the
testimony of PW-2. Considering the said age and also the nature of
avocation followed, addition of 40% of his earnings ought to be made,
towards future prospects. Thus, the monthly earnings comes to be
Rs.2000+800(40%)=Rs.2,800/-.
It is specific claim that the appellants-claimants as well as parents of
the deceased to be dependent upon the earnings of the deceased. Thus,
considering the number of dependents, upon the earnings of the deceased, as
per Smt.Sarla Verma vs. Delhi Transport Corporation and anr., 2009(3)
VINEET GULATI
2023.09.05 10:29
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Chandigarh
2023:PHHC:115184
FAO-1149-1999 -4-
RCR (Civil) 77, the deduction has to be made to the extent of 1/4th of the
earnings, towards personal expenses and after deducting the same, the
monthly earnings comes to be Rs.2,100/- i.e. Rs.25,200/- per annum. As per
Sarla Verma's case (supra), considering the age of the deceased, '18' is the
suitable multiplier to be applied. Thus, by applying the same, the loss of
dependency comes to be Rs.25,200x18=Rs.4,53,600/-.
Besides the aforesaid, amounts are to be paid on conventional
heads, namely, loss of estate, loss of consortium and funeral expenses as
held in Pranay Sethi's case (supra). In 'Magma General Insurance Company
Limited vs. Nanu Ram @ Chuhru Ram and others, 2018 (18) SCC 130' , the
concept of consortium, has been dilated in detail, wherein, it has been held
that filial consortium is the right of the parents to compensation, in case of
accidental death of a child. An accident leading to the death of a child
causes great shock and agony to the parents and family of the deceased. The
greatest agony for the parents is to lose their children for lifetime. Children
are valued for their love, affection, companionship and their role in the
family unit. Therefore, on account of filial consortium also, compensation is
to be granted.
Also, it is pertinent to mention that in the Award, besides the
appellants-claimants, who were widow and minor son of the deceased, even
parents of the deceased, namely Bua Devi and Fajal Ram, have also been
granted compensation. Though, they have not sought enhancement of
compensation, but however, it is pertinent to mention that besides the
aforesaid compensation, so worked upon, on the count of loss of consortium
also, the compensation is to be paid to all the dependents.
VINEET GULATI
2023.09.05 10:29
I attest to the accuracy and
authenticity of this document
Chandigarh
2023:PHHC:115184
FAO-1149-1999 -5-
In this regard, reference is made to decision rendered in
Harpreet Kaur and others vs. Mohinder Yadav and others, 2023(1) RCR
(Civil) 327, wherein, the Hon'ble Supreme Court, while relying upon
Magma's case (supra), had concluded about the children and mother of the
deceased, all to be entitled to Rs.40,000/- each towards filial and parental
consortium. Also, reference is made to Janabai and others vs. M/s I.C.I.C.I.
Lambord Insurance Company Ltd., 2022(4) RCR (Civil) 85 , wherein also,
the Hon'ble Supreme Court had held the claimants of that case, each to be
entitled to compensation, on the count of 'spousal consortium' for wife and
'parental consortium' for two children.
In consonance with the observations made in Pranay Sethi's
case (supra), after making addition of 10%, after three years from the
passing of the judgment, the amount payable, on the count of 'loss of
consortium' is to extent of Rs.44,000/- to each of the appellants as well as
parents of the deceased and for the 'loss of estate' as well as 'funeral
expenses', it is Rs.16,500/-, on each count.
Considering the same, the compensation payable to dependents,
on account of death of Kuldip Singh, is re-appraised, as herein given:-
Loss of dependency : Rs.4,53,600/-
Loss of consortium : Rs.1,76,000/-
Loss of estate : Rs.16,500/-
Funeral expenses : Rs.16,500/-
Total : Rs.6,62,600/-
As such, the enhanced compensation, after the deduction of
compensation awarded by the Tribunal comes to be Rs.6,62,600-
2,88,000=Rs.3,74,600/-.
VINEET GULATI
2023.09.05 10:29
I attest to the accuracy and
authenticity of this document
Chandigarh
2023:PHHC:115184
FAO-1149-1999 -6-
However, the enhanced compensation, so worked upon, also
relates to the proportionate amounts to be paid to Bua Devi and Fajal Ram,
who are parents of the deceased. Said Fajal Ram has since died and the
amount falling to his share shall proportionately be granted to his LRs, who
have already been impleaded before learned Tribunal. In the light of the
same, out of the enhanced amount, besides Rs.44,000/- each to be granted to
Bua Devi as well as to Fajal Ram, proportionate share out of 'loss of estate'
and 'funeral rights', so worked upon as Rs.33,000/-, both the aforesaid
parents, shall be entitled to an amount of Rs.5000/- each.
After deducting the aforesaid amounts, the residue enhanced
compensation, works out to be Rs.3,74,600-98,000=Rs.2,76,600/. From the
residue enhanced compensation, Rs.1,76,000/- be disbursed to appellant-
claimant No.1-Satya Devi and Rs.1 lakh to appellant-claimant No.2.
On the enhanced amount of the compensation i.e. Rs.3,74,600/-,
the appellants-claimants as well as parents of the deceased shall be entitled
to the interest, at the rate of 7% per annum, from the date of filing of the
present appeal, till realization of the enhanced amount of compensation.
The impugned Award dated 03.11.1998 stands modified, to the
extent, as indicated aforesaid and the remaining terms of the Award, shall
remain the same.
With the above observations, the present appeal stands allowed.
September 01, 2023 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
VINEET GULATI
2023.09.05 10:29
I attest to the accuracy and
authenticity of this document
Chandigarh
