Punjab-Haryana High Court
Mohinder Kaur And Anr vs Gurmeet Singh And Ors on 20 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:053373
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
206 FAO No.3990 of 2009
Date of Decision : 20.04.2024
Mohinder Kaur and Another ....Appellants
VERSUS
Gurmeet Singh and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Ravinder Kaur Manaise, Advocate for the appellants
Mr. Vikas Chatrath, Advocate for respondent No.3.
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, Gurdaspur (hereinafter referred to as the
Tribunal) vide award dated 16.01.2009.
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.2,500/-
2 Annual income [Rs.2,500 x 12] = Rs.30,000/-
3 Deduction 1/3rd [Rs.30,000 - 10,000] = Rs.20,000/-
4 Multiplier of 10 [Rs.20,000 x 10] = Rs.2,00,000/-
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5 Funeral expenses Rs.5,000/-
Total Compensation Rs.2,05,000/-
Interest 6% per annum
4. Learned counsel for the claimant-appellants has not laid any
challenge to the monthly income assessed by the Tribunal as well as
application of deduction towards personal expenses of the deceased.
However, learned counsel for the claimant-appellants would contend that a
multiplier of '10' has wrongly been applied by the Tribunal whereas it ought
to have been '18' keeping in view the age of the deceased, who was 24 years
of age at the time of the accident. It is further the contention that no addition
has been made by the Tribunal towards loss of future prospects and that the
amount awarded under the conventional heads is not in accordance with the
law. Further, no amount has been awarded under the head of 'loss of
consortium'. It is further the contention of the learned counsel that even the
interest is on the lower side. In support of her contentions the learned
counsel for the claimant-appellants has relied upon the judgments of the
Hon'ble Supreme Court in the cases of Sarla Verma & Ors. vs. Delhi
Transport Corporation & Anr. [(2009) 6 SCC 121], 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].
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5. Per contra learned counsel for respondent No.3-Insurance
Company has contended that sufficient amount has been awarded by the
Tribunal and there is no scope of any further enhancement.
6. Heard.
7. In the present case, since no challenge has been laid to the
income of the deceased as well as to the deduction, hence, the income of the
deceased is maintained as Rs.2,500/- per month as also the 1/3rd deduction.
However, the Tribunal has wrongly applied a multiplier of 10 and hence as
per the law laid down by the Hon'ble Supreme Court in case of Sarla
Verma (supra), a multiplier of 18 would be applicable keeping in view the
age of the deceased being 24 years of age. Further, no addition has been
made towards loss of future prospects. Keeping in view the age of the
deceased, an addition of 40% is made towards loss of future prospects.
Further, the amount awarded under the conventional heads is not in
accordance with the law laid down and that no amount has been awarded by
the Tribunal under the head 'loss of consortium' and hence, 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), 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, who are mother and brother of the deceased, would also be
entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of filial
consortium. Further, interest @ 6% per annum as awarded by the Tribunal is
on the lower side and hence the same is enhanced to 7.5% per annum.
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8. Accordingly, the reworked compensation is as under :
Sr. Heads Compensation Awarded
No.
1 Monthly income Rs.2,500/-
2 Annual income [Rs.2,500 x 12] = Rs.30,000/-
3 Deduction 1/3rd [Rs.30,000 - 10,000] = Rs.20,000/-
4 Future prospects @ 40% [Rs.20,000 + 8,000] = Rs.28,000/-
5 Multiplier 18 [Rs.28,000 x 18] = Rs.5,04,000/-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of Consortium :
(i) Filial Rs.48,000/- (Rs.48,000 x 2) =Rs.96,000/-
Total Compensation Rs.6,36,000/-
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 the realization of the entire amount.
The amount shall be apportioned between the claimant-appellants as directed
by the Tribunal.
10. 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.
( ALKA SARIN )
20.04.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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