Punjab-Haryana High Court
Nirmaljit Kaur vs Harcharan Singh & Ors on 2 July, 2024
Author: Alka Sarin
Bench: Alka Sarin
249
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-5058-2015 (O&M)
Date of Decision : 02.07.2024
Nirmaljit Kaur ........Appellant(s)
VERSUS
Harcharan Singh & Ors. ........Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Vipul Sharma, Advocate and
Mr. Ashwani Arora, Advocate for the appellant.
Mr. Arshdeep Singh, Advocate for
Mr. Varun Sharma, Advocate for respondent Nos.1 and 2.
Mr. Suvir Dewan, Advocate for respondent No.3.
ALKA SARIN, J. (Oral)
1. The present appeal has been preferred by the claimant-appellant
aggrieved by the quantum of compensation awarded by the Motor Accident
Claims Tribunal, SAS Nagar vide award dated 01.04.2015.
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 has not laid any
challenge to the income of the deceased i.e. Rs.10,000/- per month,
deduction of 50% as well as multiplier of '18'. The learned counsel for the
claimant-appellant would contend 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 he has relied upon the judgments of the
integrity of this order/judgment.
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].
4. Per contra, the learned counsel for the respondents have
vehemently argued that sufficient amount has already been awarded as
compensation in the present case and that there is no scope of any
enhancement.
5. I have heard the learned counsel for the parties.
6. In the present case, the Tribunal had awarded the following
compensation :
Sr. No. Heads Compensation Awarded
1 Annual Income Rs.1,20,000/-
2 Deduction 50% [Rs.1,20,000 - 60,000]=Rs.60,000/-
3 Multiplier - 18 [Rs.60,000x18]=Rs.10,80,000/-
4 Funeral expenses Rs.25,000/-
5 Total compensation Rs.11,05,000/-
Interest 6%
7. In the present case since no challenge has been laid to the
income of the deceased i.e. Rs.10,000/- per month, deduction of 50% as well
as multiplier of '18', the same are maintained. However, no addition has
been made 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, no amount has been
awarded under the head 'loss of consortium' and the amount awarded under
the conventional heads is not as per the law laid down by the Hon'ble
integrity of this order/judgment.
Supreme Court in the cases of Pranay Sethi (supra), Magma General
Insurance Company Limited (supra) and N. Jayasree (supra) and hence,
the claimant-appellant 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-appellant would also be entitled
to Rs.48,000/- (Rs.40,000+20% increase) towards loss of consortium.
Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Annual Income Rs.1,20,000/-
2 Deduction 50% [[Rs.1,20,000-60,000]=Rs.60,000/-
3 Future Prospects - 40% [Rs.60,000+24,000]=Rs.84,000/-
4 Multiplier - 18 [Rs.84,000x18]=Rs.15,12,000/-
5 Loss of estate Rs.18,000/-
6 Funeral expenses Rs.18,000/-
7 Loss of consortium
(i) Filial Rs.48,000/-
Total Compensation Rs.15,96,000/-
8. 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.
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.
02.07.2024 (ALKA SARIN)
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
