Punjab-Haryana High Court
Baljinder Rani And Ors vs Krishan Joshi And Ors on 30 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:012596
616
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-7060-2011 (O&M)
Date of decision : 30.01.2024
Baljinder Rani & Ors. ... Appellant(s)
Versus
Krishan Joshi & Ors. ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Mohit Garg, Advocate for the appellants.
Mr. Vivek Suri, Advocate for
Mr. V. Ramswaroop, 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, Sangrur vide award dated 10.02.2011.
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.4,500/-
2 Annual income [Rs.4,500 x 12] = Rs.54,000/-
integrity of this order/judgment.
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FAO-7060-2011 (O&M) -2-
3 Deduction 1/3rd [Rs.54,000 - 18,000] = Rs.36,000/-
4 Multiplier of 15 [Rs.36,000 x 15] = Rs.5,40,000/-
5 Last rites Rs.5,000/-
6 Loss of estate Rs.5,000/-
7 Total Compensation Rs.5,50,000/-
Interest 7.5% per annum
4. Learned counsel for the claimant-appellants would contend that
though the income of the deceased was rightly assessed as Rs.4,500/- per
month and multiplier of '15' was applied correctly, however, deduction of
1/3rd has wrongly been applied by the Tribunal, whereas it ought to have
been 1/4th as there were four dependents upon the deceased. It is further the
contention of the learned counsel that no amount has been awarded towards
future prospects as well as under the head 'loss of consortium' and further
that the amount awarded under the conventional heads is also on the lower
side. 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.3-Insurance
Company has vehemently argued that sufficient amount has already been
integrity of this order/judgment.
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FAO-7060-2011 (O&M) -3-
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 though rightly assessed the
income of the deceased as Rs.4,500/- per month and also correctly applied a
multiplier of '15', however, deduction of 1/3rd has wrongly been applied
which ought to have been 1/4th keeping in view the fact that there were four
dependents upon the deceased. Further, 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. Further, the amount awarded under the
conventional heads is on the lower side and no amount has been awarded
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 (wife, two children
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. Heads Compensation Awarded
No.
1 Monthly income Rs.4,500/-
integrity of this order/judgment.
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2 Annual income [Rs.4,500 x 12] = Rs.54,000/-
3 Deduction 1/4th [Rs.54,000 - 13,500] = Rs.40,500/-
4. Future prospects @ 40% [Rs.40,500 + 16,200] = Rs.56,700/-
5 Multiplier 15 (Rs.56,700 x 15) = Rs.8,50,500/-
6 Loss of estate (Rs.15,000+20% increase) Rs.18,000/-
7 Funeral expenses (Rs.15,000+20% increase) Rs.18,000/-
8 Loss of Consortium :
(i) Parental Rs.96,000/- (48,000 x 2)
(ii) Filial Rs.48,000/-
(iii) Spousal's Rs.48,000/-
(Total Rs.1,92,000/-)
9 Total Compensation Rs.10,78,500/-
10 Amount Awarded by the Rs.5,50,000/-
Tribunal
Enhanced amount Rs.5,28,500/-
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.
30.01.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
