Punjab-Haryana High Court
Amit Kumar And Ors vs Parveen Kumar And Ors on 30 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:059392
896
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6077-2017 (O&M)
Date of decision : 30.04.2024
Amit Kumar & Ors. ... Appellant(s)
Versus
Parveen Kumar & Ors. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Balkar Singh, Advocate for the appellants.
Mr. Rajbir Singh, Advocate for respondent No.3.
ALKA SARIN, J. (ORAL)
CM-19752-CII-2017
For the reasons stated therein, the delay of 66 days in filing the
present appeal is condoned. Application stands disposed off.
FAO-6077-2017
1. The only ground of challenge in the present appeal to the award
dated 10.01.2017 passed by the Motor Accident Claims Tribunal, Sonepat is
to the extent that no future prospects have been awarded to the claimant-
appellants.
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. Learned counsel for the claimant-appellants would contend that
the deceased in the present case was 53 years of age at the time of the
integrity of this order/judgment.
2024:PHHC:059392
FAO-6077-2017 (O&M) -2-
accident and as per the law laid down by the Hon'ble Supreme Court in the
cases of National Insurance Company Ltd. vs. Pranay Sethi & Ors.
[(2017) 16 SCC 680] and Magma General Insurance Company Limited
vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130] future
prospects to the extent of 10% ought to have been awarded.
4. Per contra, the learned counsel for respondent No.3-Insurance
Company 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.
5. I have heard the learned counsel for the parties.
6. The Tribunal in the present case had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Monthly Income Rs.10,000/-
2 Annual Income [Rs.10,000x12]=Rs.1,20,000/-
3 [Rs.1,20,000-
Deduction 1/3rd 40,000]=Rs.80,000/-
4 Multiplier - 11 [Rs.80,000x11]=Rs.8,80,000/-
5 Funeral expenses Rs.25,000/-
6 Loss of consortium to wife Rs.1,00,000/-
7 Love and affection Rs.1,00,000/-
8 Total Compensation Rs.11,05,000/-
Interest 7.5%
7. In the present case, the only ground of challenge is that no
future prospects have been awarded to the claimant-appellants. The deceased
was 53 years of age at the time of the accident and hence as per the law laid
integrity of this order/judgment.
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FAO-6077-2017 (O&M) -3-
down by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra)
and Magma General Insurance Company Limited (supra), future
prospects to the extent of 10% are awarded to the claimant-appellants.
Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Monthly Income Rs.10,000/-
2 Annual Income [Rs.10,000x12]=Rs.1,20,000/-
3 Deduction 1/3rd [Rs.1,20,000-40,000]=Rs.80,000/-
4 Future Prospects - 10% [Rs.80,000+8,000]=Rs.88,000/-
5 Multiplier - 11 [Rs.88,000x11]=Rs.9,68,000/-
6 Funeral expenses Rs.25,000/-
7 Loss of consortium to wife Rs.1,00,000/-
8 Love and affection Rs.1,00,000/-
9 Total Compensation Rs.11,93,000/-
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 claimants as directed by the
Tribunal.
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.
30.04.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
