Punjab-Haryana High Court
Ramphal And Anr vs Krishan Kumar And Ors on 12 January, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO No.2439 of 2008 1 2024:PHHC:004331
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
211 FAO No.2439 of 2008
Date of Decision : 12.01.2024
Ramphal and Another ....Appellants
VERSUS
Krishan Kumar and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Jagdeep S. Virk, Advocate for the appellants.
Mr. Vipul Sharma, Advocate for
Mr. Ravinder Arora, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
1. The present appeal has been filed by the claimant-appellants
challenging the award dated 24.03.2008 passed by the Motor Accident
Claims Tribunal, Jind (hereinafter referred to as the 'Tribunal') whereby the
claim petition filed by the claimant-appellants on account of death of their
brother, namely, Subhash @ Tasa (hereinafter referred to as the 'deceased'),
was dismissed.
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-appellants would contend that
the claim petition was dismissed by the Tribunal only on the ground that the
claimant-appellants are the real brothers of the deceased, who was unmarried
and 35 years of age. It has been held by the Tribunal that the claimant-
appellants are both married and have their own children and hence, they
integrity of this order/judgment.
FAO No.2439 of 2008 2 2024:PHHC:004331
could not be held to be dependent on the deceased and, as such, they are not
entitled to claim any compensation. Learned counsel for the claimant-
appellants would further contend that even if the brothers were not entitled
to compensation on account of death of the deceased, as no dependency
could be proved, however, they would be entitled to compensation under the
conventional heads as well as under the head of loss of consortium in view
of the law laid down by the Hon'ble Supreme Court in the case of National
Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680].
4. Per contra learned counsel for respondent No.3-Insurance
Company has contended that since the claimant-appellants were not
dependent upon the deceased hence no amount of compensation is payable
to them.
5. I have heard learned counsel for the parties.
6. In the present case the claimant-appellants are the real brothers
of the deceased. Though they cannot be held to be dependent on the
deceased as it has come in evidence that they are both earning, however,
they would be entitled to compensation under the conventional heads i.e.
loss of estate [Rs.18,000/- (Rs.15000+20%)] and funeral expenses
[Rs.18,000/- (Rs.15000+20%)] and under the head loss of filial consortium
[Rs.48,000/- each (Rs.40,000+20%)] keeping in view the law laid down in
the case of Pranay Sethi (supra).
7. Accordingly, the claimant-appellants are granted the following
compensation :
Sr. Heads Compensation Awarded
No.
1 Loss of estate Rs.18,000/- (Rs.15000+20%)
2 Funeral expenses Rs.18,000/- (Rs.15000+20%)
integrity of this order/judgment.
FAO No.2439 of 2008 3 2024:PHHC:004331
3 Loss of Filial Consortium Rs.96,000/- (48,000 x 2)
Total Compensation Rs.1,32,000/-
8. The amount of compensation shall also attract interest @ 7.5%
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 )
12.01.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
