Punjab-Haryana High Court
Rajvir Kaur And Ors vs Jaspreet Singh And Anr on 1 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC: 043309
FAO-5299-2012 (O&M) 1
672
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-5299-2012 (O&M)
Date of decision : 01.04.2024
Rajvir Kaur & Ors. ... Appellant(s)
Versus
Jaspreet Singh & Anr. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Mohit Garg, Advocate for the appellants.
Mr. M.J.S. Bedi, Advocate for respondent No.1.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant-
appellants aggrieved by the quantum of compensation awarded by the Motor
Accident Claims Tribunal, Bathinda vide award dated 09.02.2012.
2. Since the facts, as recorded in the impugned award passed by
the Tribunal, are not in dispute, the same are not being reproduced herein for
the sake of brevity.
3. The Tribunal in the present case had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Monthly Income Rs.5,000/-
2 Annual Income [Rs.5,000x12] = Rs.60,000/-
integrity of this order/judgment.
2024:PHHC: 043309
3 Deduction 1/3rd [Rs.60,000-20,000] = Rs.40,000/-
4 Multiplier - 11 [Rs.40,000x11] = Rs.4,40,000/-
5 Loss of estate Rs.5,000/-
6 Funeral expenses Rs.5,000/-
7 Loss of consortium Rs.10,000/-
8 Total Compensation Rs.4,60,000/-
Interest 7.5% per annum
4. Learned counsel for the claimant-appellants would contend that
though the income of the deceased was rightly assessed as Rs.5,000/- per
month and multiplier of '11' was applied correctly, however, deduction of
1/3rd has wrongly been applied by the Tribunal, whereas it ought to have
been 1/4th as there were four dependents upon the deceased. It is further the
contention of the learned counsel that that no addition has been made
towards future prospects which ought to have been 10% keeping in view the
age of the deceased being 52 years at the time of the accident and that the
amount awarded under the conventional heads as well as under the head
'loss of consortium' is also not in accordance with the law laid down by the
Hon'ble Supreme Court. In support of his contentions he has relied upon the
judgments of the Hon'ble Supreme Court in the cases of 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
integrity of this order/judgment.
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(Civil) 642]. Learned counsel for the claimant-appellants has pointed out
that appellant Nos.3 and 4 (parents of the deceased) have since expired.
5. Per contra, the learned counsel for respondent No.1 has
vehemently argued that sufficient amount has already been awarded as
compensation in the present case and that there is no scope of any
enhancement.
6. I have heard the learned counsel for the parties.
7. In the present case, the Tribunal has though rightly assessed the
income of the deceased as Rs.5,000/- per month and also correctly applied a
multiplier of '11', however, deduction of 1/3rd has wrongly been applied
which ought to have been 1/4th keeping in view the fact that there were four
dependents upon the deceased. Further, no addition has been made towards
future prospects and hence as per the law laid down by the Hon'ble Supreme
Court in the case of Pranay Sethi (supra), 10% addition is made towards
future prospects keeping in view the age of the deceased being 52 years at
the time of the accident. Further, the amount awarded under the conventional
heads and under the head 'loss of consortium' is not as per the law laid down
by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra),
Magma General Insurance Company Limited (supra) and N. Jayasree
(supra) and hence, the claimant-appellants would be entitled to Rs.18,000/-
(Rs.15,000+20% increase) towards loss of estate and Rs.18,000/-
(Rs.15,000+20% increase) towards funeral expenses and the claimants-
appellant Nos.1 and 2 (wife and son of the deceased) would also be entitled
integrity of this order/judgment.
2024:PHHC: 043309
to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium.
Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Monthly Income Rs.5,000/-
2 Annual Income [Rs.5,000x12] = Rs.60,000/-
3 Deduction 1/4th [Rs.60,000-15,000] = Rs.45,000/-
4 Future Prospects - 10% [Rs.45,000+4,500] = Rs.49,500/-
5 Multiplier - 11 [Rs.49,500x11] = Rs.5,44,500/-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of consortium
(i) Parental Rs.48,000/-
(ii) Spousal's Rs.48,000/-
(Total Rs.96,000/-)
Total Compensation Rs.6,76,500/-
8. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 7.5% per annum from
the date of filing of the claim petition till the realization of the entire amount.
The amount shall be apportioned between the claimant-appellant Nos.1 and
2 equally.
9. 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.
01.04.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
