Punjab-Haryana High Court
Leela Wanti And Others vs Shaminder Singh And Others on 10 January, 2024
Neutral Citation No:=2024:PHHC:003716
FAO-424-1994 2024:PHHC:003716 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
247
FAO-424-1994
Date of decision: 10.01.2024
Leela Wanti and Another .....Claimant-Appellants
versus
Shaminder Singh and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: None for the appellants.
Mr. Vinod Chaudhari, Advocate
for respondent No.3-Insurance Company.
AMAN CHAUDHARY, J.
1. The present appeal has been filed by the claimant-appellants for
enhancement of the compensation amount awarded by the learned Motor
Accident Claims Tribunal, Faridkot (for short 'the Tribunal') vide award
dated 20.09.1993, on account of death of Parveen Kumar in a motor
vehicular accident.
2. This is a reconstructed case, as the original file was burnt in the
fire that broke out in the concerned branch in the year 2011. Since the case is
pending for more than 29 years, the counsel for the Insurance Company has
no objection, if the same is decided on the basis of the available record.
3. In the grounds of appeal, it has been stated that the deceased, 19
years old at the relevant time, was running a Video Cassette Shop and
earning Rs.2,000/- per mensem, however, the Tribunal has wrongly assessed
the annual dependency to the tune of Rs.10,000/-. The claimants are the
parents of the deceased. The compensation awarded by the Tribunal is on the
lower side.
4. On the other hand, learned counsel for respondent No.3 has
1 of 3
Neutral Citation No:=2024:PHHC:003716
opposed the present appeal and stated that the compensation awarded by the
Tribunal is just and reasonable. Thus, he prays for the dismissal of the
present appeal.
5. Heard and perused.
6. There is no dispute that the death of Parveen Kumar occurred in
a roadside accident caused by respondent No.1- driver. Pertinently, since
there is no challenge to the factum of the accident, the manner of its taking
place, as well as liability fastened upon the driver, owner and Insurance
Company to be joint and several, thus, no further scrutiny is warranted.
7. Perusal of the award it reveals that there being no income proof
proved on record, the Tribunal has taken the annual dependency to the tune
of Rs.10,000/-, which cannot be faulted with. For the aspect of enhancement
of compensation, this Court can make a profitable reference to the law laid
down in Sarla Verma vs. DTC, (2009) 6 SCC 121, wherein after
considering a catena of judgments, it was observed by Hon'ble the Supreme
Court that an objective approach should be adopted for arriving at just
compensation and elaborating thereupon it was held that there should be a
uniformity while calculating the same, relating to increase in future
prospects, deduction towards personal expenses of the deceased, multiplier
to be applied and also grant of lump sum amount under the heads of (a) loss
of estate, (b) loss of consortium and (c) funeral expenses. Reiterating the
above in Janabai vs. ICICI Lambord Insurance Co. Ltd., (2022) 10 SCC
512 and National Insurance Co. Ltd. vs. Pranay Sethi, (2017) 16 SCC
680, it was additionally held that, "Reasonable figures on conventional
heads, namely, loss of estate, loss of consortium and funeral expenses should
be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid amounts
should be enhanced at the rate of 10% in every three years."
2 of 3
Neutral Citation No:=2024:PHHC:003716
8. Consequentially, the claimants-appellants are entitled to
enhancement of compensation by granting them future prospects to the
extent of 40%, being his own avocation and also for the compensation under
the conventional heads i.e. Rs.36,000/- for funeral expenses and loss of
estate; Rs.96,000/- (48,000 x 2) for filial consortium to the parents. The
deceased being 19 years, the multiplier of 18 should be applied.
9. Accordingly, the total compensation comes to Rs.3,84,000/-
(10,000 (annual dependency) + 40% (towards future prospects) x 18
(multiplier) + Rs.1,32,000/- (conventional head). Thus, the enhanced
compensation of Rs.2,84,000/-, over and above the amount of Rs.1,00,000/-
already awarded by the Tribunal, alongwith interest at the rate of 7.5% per
annum from the date of filing of the present appeal, till its realization, shall
be paid to the claimant-appellants as ordered by the Tribunal, within a period
of 2 months from the date of receipt of a certified copy of this judgment.
Failing which, the amount shall accrue an interest as awarded by the
Tribunal.
10. Modifying the award to the aforesaid extent, the present appeal
is disposed of.
11. Registry is directed to send a copy of the judgment to the
concerned Tribunal for necessary compliance.
(AMAN CHAUDHARY)
10.01.2024 JUDGE
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
Neutral Citation No:=2024:PHHC:003716
3 of 3
