Punjab-Haryana High Court
Sukhdeep Kaur And Ors vs Nirmal Singh And Ors on 2 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO No.3150 of 2012 1 2024:PHHC:044274
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
651 FAO No.3150 of 2012
Date of Decision : 02.04.2024
Sukhdeep Kaur and Others ....Appellants
VERSUS
Nirmal Singh and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Atul Jain, Advocate for the appellants.
Ms. Arzoo Modi, Advocate for
Mr. Mohd. Yousaf, Advocate for respondent No.3.
Mr. D.P. Gupta, Advocate for respondent No.4.
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, Patiala (hereinafter referred to as the 'Tribunal')
vide award dated 16.02.2012.
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.8,000/-
2 Annual income [Rs.8,000 x 12] = Rs.96,000/-
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3 Deduction 1/3rd [Rs.96,000 - 32,000] = Rs.64,000/-
4 Multiplier of 15 [Rs.64,000 x 15] = Rs.9,60,000/-
5 Funeral expenses Rs.10,000/-
6 Loss of consortium Rs.10,000/-
Total Compensation Rs.9,80,000/-
Interest 6% per annum
4. Learned counsel for the claimant-appellants would contend that
there is no dispute regarding the income of the deceased. The Tribunal has
assessed the income of the deceased as Rs.8,000/- per month. Though the
Tribunal has rightly applied a deduction of 1/3rd and a multiplier of 15,
however, no addition has been made towards loss of future prospects which
ought to have been 40% and that the amount awarded under the
conventional heads as well as under the head 'loss of consortium' is also not
as per the law laid down by the Hon'ble Supreme Court. In support of his
contentions the learned counsel for the claimant-appellants 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
(Civil) 642].
5. Per contra, the learned counsel for respondent No.4 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.
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FAO No.3150 of 2012 3 2024:PHHC:044274
7. In the present case the Tribunal has though rightly assessed the
income of the deceased as Rs.8,000/- per month and also correctly applied a
deduction of 1/3rd and a multiplier of 15, however, the Tribunal has not
made any addition towards loss of future prospects. The deceased in the
present case was 37 years of age and hence as per the law laid down by the
Hon'ble Supreme Court in the case of Pranay Sethi (supra), 40% addition is
made towards loss of future prospects. 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
claimant-appellants (wife, son and mother of the deceased) would also be
entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of
consortium.
8. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Monthly Income Rs.8,000/-
2 Annual Income [Rs.8,000 x 12] = Rs.96,000/-
3 Deduction 1/3rd [Rs.96,000 - 32,000] = Rs.64,000/-
4 Future Prospects - 40% [Rs.64,000 + 25,600] = Rs.89,600/-
5 Multiplier - 15 [Rs.89,600 x 15] = Rs.13,44,000/-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of consortium
(i) Parental Rs.48,000/-
(ii) Spousal Rs.48,000/-
(iii) Filial Rs.48,000/-
(Total Rs.1,44,000/-)
Total Rs.15,24,000/-
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9. 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 realization of the entire amount.
The amount shall be apportioned between the claimant-appellants as directed
by the Tribunal.
10. Though no appeal has been preferred by the driver and the
owner, however, learned counsel for the claimant-appellants has relied upon
a judgment of the Hon'ble Supreme Court in case of National Insurance
Co. Ltd. vs Swaran Singh & Ors. [2004 (2) RCR (Civil) 114] to contend
that at the first instance the Insurance Company has to satisfy the award and
then the Insurance Company would have the right to recover the awarded
amount from the owner and the driver.
11. In view of the above discussion, the present appeal is allowed
and the award passed by the Tribunal stands modified. So far as payment of
compensation is concerned, at the first instance the respondent No.4-
Insurance Company shall satisfy the award and would have the right to
recover the same from owner and driver of the offending vehicle in
accordance with the law. Pending applications, if any, also stand disposed
off.
( ALKA SARIN )
02.04.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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