Punjab-Haryana High Court
Sapna Etc vs Mukesh Etc on 29 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:011745
565
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-2627-2011 (O&M)
Date of decision : 29.01.2024
Sapna and others ... Appellant(s)
Versus
Mukesh and another ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Ekta Thakur, Advocate, for the appellants.
Mr. R.C. Gupta, Advocate for respondent No.2.
ALKA SARIN, J. (ORAL)
1. The present appeal has been filed by the claimant-appellants
challenging the quantum of compensation awarded vide award dated
03.01.2011 passed by the Motor Accident Claims Tribunal, Chandigarh
(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. No. Heads Compensation Awarded
1 Monthly income Rs.7,936/-
integrity of this order/judgment.
2024:PHHC:011745
FAO-2627-2011 (O&M) -2-
2 Deduction 1/3rd (Rs.7,936-2,645) = Rs.5,291/-
3 Annual income (Rs.5,291x12) = Rs.63,492/-
4. Multiplier '17' (Rs.63,492x17) = Rs.10,79,364/-
5 Funeral expenses Rs.5,000/-
6. Loss of estate Rs.5,000/-
7. Loss of consortium Rs.10,000/-
8 Total Compensation Rs.10,99,364/-
Interest 9% per annum
4. Learned counsel for the appellants would contend that though
the income of the deceased was rightly assessed and multiplier of 17 as well
as deduction of 1/3rd were applied correctly, however, no amount has been
awarded towards future prospects. It is further the contention of the learned
counsel that the amounts awarded under the conventional heads as well as
under the head 'loss of consortium' are also not as per the law laid down by
the Hon'ble Supreme Court. 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 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.
integrity of this order/judgment.
2024:PHHC:011745
FAO-2627-2011 (O&M) -3-
6. I have heard the learned counsel for the parties.
7. In the present case, the Tribunal has rightly assessed the income
of the deceased as Rs.7,936/- per month and also correctly applied the
multiplier of 17 as well as 1/3rd deduction. However, no amount has been
awarded towards 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 keeping in view the age of the deceased being
28 years at the time of the accident. Further, the amounts awarded under the
conventional heads and under the head 'loss of consortium' are also 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 claimants 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 (wife and 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.7,936/-
2 Deduction 1/3rd (Rs.7,936-2,645) = Rs.5,291/-
3 Annual income (Rs.5,291x12) = Rs.63,492/-
4. Future prospects @ 40% [Rs.63,492+ 25,397] = Rs.88,889/-
5 Multiplier 17 (Rs.88,889x17) = Rs.15,11,113/-
6 Loss of estate (Rs.15,000+20% increase) Rs.18,000/-
7 Funeral expenses (Rs.15,000+20% increase) Rs.18,000/-
integrity of this order/judgment.
2024:PHHC:011745
FAO-2627-2011 (O&M) -4-
8 Loss of Consortium :
(i) Filial Rs.96,000/- (48,000 x 2)
(ii) Spousal's Rs.48,000/-
(Total Rs.1,44,000/-)
9 Total Compensation Rs.16,91,113/-
10 Amount Awarded by the Rs.10,99,364/-
Tribunal
Enhanced amount Rs.5,91,749/-
9. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 9% 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.
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.
29.01.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
