Punjab-Haryana High Court
Bhupinder Singh vs Gorey Khan And Ors on 30 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO No.6091 of 2011 -1- 2024:PHHC:012671
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
603 FAO No.6091 of 2011
Date of Decision : 30.01.2024
Bhupinder Singh ....Appellant
VERSUS
Gorey Khan and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Shivam Chaudhary, Advocate for the appellant.
Mr. Radhe Shyam, Advocate
for respondent No.3-Insurance Company.
ALKA SARIN, J. (Oral)
1. The present appeal has been filed by the claimant-appellant
challenging the award dated 09.12.2010 passed by the Motor Accident
Claims Tribunal, Fatehgarh Sahib (hereinafter referred to as the 'Tribunal')
whereby an amount of Rs.1,73,000 /- was awarded as compensation to the
claimant-appellant on account of death of Tejinder Singh (hereinafter
referred to as the 'deceased') in a motor vehicle accident with a bus bearing
registration No.DL-1-PB-7180 (hereinafter referred to as the 'offending
vehicle') .
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-appellant would contend that
the deceased was 17 years of age at the time of his death. The accident took
place in the year 2007 and further that the deceased was a student of 10+1
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FAO No.6091 of 2011 -2- 2024:PHHC:012671
class at the time of his death, hence, as per the law laid down by 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], keeping in
view of the age of the deceased, a multiplier of '18' ought to have been
applied and an addition @ 40% ought to have been made towards loss of
future prospects. It is further the contention that no amount has been
awarded towards loss of estate and loss of consortium.
4. Per contra, learned counsel for the respondent No.3-Insurance
Company has contended that the amount awarded is just and proper and
there is no scope of enhancement.
5. Heard.
6. The Tribunal in the present case awarded an amount of
Rs.1,73,000/- (Rs.1,68,000/- towards loss of dependency and Rs.5,000/-
towards funeral expenses and transportation) along with interest @ 6% from
the date of filing of the claim petition till the payment of compensation. The
deceased in the present case was 17 years of age. In the case of Kajal Vs.
Jagdish Chand & Ors. [2020 (2) RCR (Civil) 27], though it was a case of
injury, the income of the minor who was aged 12 years was assessed on the
basis of the minimum wages. In the present case at the time of the accident
the minimum wage was Rs.3,842/- per month. Being a bachelor, deduction
of 50% would have to be applied as per the settled law. An addition of 40%
would have to be made towards 'loss of future prospects'. The Tribunal has
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FAO No.6091 of 2011 -3- 2024:PHHC:012671
applied the multiplier keeping in view the age of the parent of the deceased
which is contrary to the law laid down. A multiplier of '18' would be
applicable keeping in view the age of the deceased. Further, as per the
settled law an amount of Rs.18,000/- (Rs.15,000+20% increase) would be
payable towards 'loss of estate' and Rs.18,000/- (Rs.15,000+20% increase)
towards 'funeral expenses'. The claimant-appellant would also be entitled to
Rs.48,000/- (Rs.40,000+20% increase) towards 'loss of filial consortium'.
7. Accordingly, the modified amounts as awarded are as under :
Sr. No. Heads Compensation Awarded
1 Monthly income Rs.3,842/-
2 Annual income [Rs.3,842 x 12] = Rs.46,104/-
3 Deduction 50% [Rs.46,104 - 23,052] = Rs.23,052/-
4 Future prospects @ 40% [Rs.23,052 + 9,221] = Rs.32,273/-
5 Multiplier of 18 [Rs.32,273 x 18] = Rs.5,80,914/-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of Filial Consortium Rs.48000/-
9 Total Compensation Rs.6,64,914/- (rounded off to
Rs.6,65,000/-
8. 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.
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.
( ALKA SARIN )
30.01.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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