Punjab-Haryana High Court
(O&M) Raj Bala And Anr vs Ravinder @ Vinod And Ors on 25 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:010880
530
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6320-2010 (O&M)
Date of decision : 25.01.2024
Raj Bala & Anr. ... Appellant(s)
Versus
Ravinder @ Vinod & Ors. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Gulshan Nandwani, Advocate for the appellants.
Mr. Subhash Goyal, Advocate with
Mr. Vipul Sharma, Advocate for respondent No.3.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant-
appellants challenging the award dated 10.04.2010 passed by the Motor
Accident Claims Tribunal, Rewari (hereinafter referred to as 'the Tribunal').
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. Heads Compensation Awarded
No.
1 Monthly income Rs.1,500/-
2 Annual income [Rs.1,500 x 12] = Rs.18,000/-
integrity of this order/judgment.
2024:PHHC:010880
FAO-6320-2010 (O&M) -2-
3 Multiplier of 16 [Rs.18,000 x 16] = Rs.2,88,000/-
4 Total Compensation Rs.2,88,000/-
Interest 6% per annum
4. Learned counsel for the claimant-appellants would contend that
the minimum wage of an unskilled worker at the time of the accident was
Rs.3,840/- per month, however, the Tribunal has wrongly assessed the
income of the deceased as Rs.1,500/- per month. It is further the contention
of the learned counsel that the multiplier has also been wrongly applied as
16, whereas it should have been 18 and that no amounts have been awarded
towards future prospects as well as under the conventional heads and under
the head 'loss of consortium'. 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 Sarla Verma & Ors. vs. Delhi
Transport Corporation & Anr., 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.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.
6. I have heard the learned counsel for the parties.
7. In the present case, the Tribunal has wrongly assessed the
integrity of this order/judgment.
2024:PHHC:010880
FAO-6320-2010 (O&M) -3-
income of the deceased as Rs.1,500/- per month as the minimum wage of an
unskilled worker at the time of the accident was Rs.3,840/- per month and
hence the income of the deceased is assessed as Rs.3,840/- per month. No
amount has been awarded towards loss of future prospects 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 future prospects. The multiplier
of 16 as assessed by the Tribunal is also not as per the law laid down by the
Hon'ble Supreme Court in the case of Sarla Verma (supra) and accordingly,
the same is applied as 18. Further, no amount has been awarded under the
conventional heads and under the head 'loss of consortium' and accordingly
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 (parents 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. Heads Compensation Awarded
No.
1 Monthly income Rs.3,840/-
2 Annual income [Rs.3,840 x 12] = Rs.46,080/-
3 Deduction ½ [Rs.46,080 - 23,040] = Rs.23,040/-
4 Future prospects @ 40% [Rs.23,040 + 9,216] = Rs.32,256/-
5 Multiplier of 18 [Rs.32,256 x 18] = Rs.5,80,608/-
integrity of this order/judgment.
2024:PHHC:010880
FAO-6320-2010 (O&M) -4-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of Consortium :
(i) Filial Rs.96,000/- (48,000 x 2)
9 Total Compensation Rs.7,12,608/-
10 Amount Awarded by the Rs.2,88,000/-
Tribunal
Enhanced amount Rs.4,24,608/-
9. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 6% 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.
25.01.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
