Sudesh Kumar And Others vs Kirti Sharma @ Kirti Pal Sharma And ...
2024 Latest Caselaw 10914 P&H

Citation : 2024 Latest Caselaw 10914 P&H
Judgement Date : 5 July, 2024

Punjab-Haryana High Court

Sudesh Kumar And Others vs Kirti Sharma @ Kirti Pal Sharma And ... on 5 July, 2024

                                      Neutral Citation No:=2024:PHHC:086522
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FAO No.6329 of 2019 (O&M)

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                        FAO No.6329 of 2019 (O&M)
                                        Date of Decision: 05.07.2024

SUDESH KUMAR AND OTHERS                                     ......Appellant(s)
         Vs
KIRTI SHARMA @ KIRTI PAL AND OTHERS                         ....Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
                                   MANUJA

Present:    Mr. Sukhdeep Singh, Advocate
            for the appellants.
                    appellant

        Mr. Sanjiv Pabbi, Advocate
        for
         or respondent No.3/Insurance Company.
                    ****
HARKESH MANUJA, J.

[1]. This is an appeal preferred against the award dated 01.04.2019 passed

by the Motor Accident Claims Tribunal, Hoshiapur (hereinafter to be referred as

'the Tribunal') by the appellants/claimants claimants under Section 166 of the Motor Vehicles

Act for enhancement of compensation on account of death of Rakesh Kumar in a

motor vehicular accident.

[2]. The appellants/claimants appellants/claimants being dependents of deceased, Rakesh

Kumar filed claim petition before the Tribunal praying for grant of compensation

to the tune of Rs.1,00,00,000/-

Rs.1,00,00,000/ (1 Crore) along with interest @ 12% per aannum nnum on

account of death of Rakesh Kumar in an accident dated 21.07.2017 alleging rash

and negligent driving of respondent No.1.

[3]. Learned Tribunal after appraisal of evidence and record held that

accident occurred due to rash and negligentt driving of respondent No.1/ 1/ driver and

since the deceased was working as government officer and was 52 years old at the

time of his death, death his income was assessed as Rs.61,950/ Rs.61,950/- per month (increase of

15% given) and awarded compensation compensation in the following manner:

manner:-

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Neutral Citation No:=2024:PHHC:086522

S.No Heads of Claim Amount (in Rs)

1. Loss of dependency Rs.53,50,500/-

2. Funeral expenses Rs.15,000/-

3. Loss of Consortium Rs. 40,000/-

4. Loss of Estate Rs. 15,000/-

                      Total                                        Rs.54,20,500/-



[4].         Learned counsel for the appellants/claimants contended that though

the age of deceased was 52 years, multiplier of 10 was applied, while in view of

Smt. Sarla Verma & Ors. Vs Delhi Transport Corporation & Anr., (2009) 6 SCC

121, it should have been 11.

11 It was also contended that no compensation was given

on account of loss of filial and parental consortium.

[5]. On the other hand, learned learned counsel representing the respondent-

respondent

insurance company submitted that in the facts and circumstances of the case,

appellants-claimant claimants were adequately compensated and and, thus, the present appeal is

liable to be dismissed.

[6]. I have heard learned counsel for the parties and gone through the

paper book of the case as well. I find force in the argument arguments raised by the learning

counsel for the appellants/claimants.

[7]. Learned Tribunal while applying multiplier of 10 gave reasoning that

deceased was to retire at the age of 58 years and would have received pension @ ½

of last drawn salary which does not hold good in view of settled law laid down by

Hon'ble Apex Court in Sarla Verma's case ase (supra), wherein wherein, while applying the

multiplier for a particular age group, these considerations have already been taken

care of and accordingly multiplier have hav been fixed fixed. This reasoning by the learned

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Neutral Citation No:=2024:PHHC:086522

Tribunal ribunal further gets weakened in view of its own recording of fact that deceased

was also entitled for 2 years extension of his service as per rules. Additionally,

even if the age of deceased on the date of accident was 55 years, i.e. on the higher

side of the age bracket, multiplier of 11 was to be applied,, while in present case,

age of the deceased was only 52 years, so multiplier of 11 was to be applied.

[8]. The compensation awarded under the conventional heads is also

required to be reassessed. The appellants/claimants laimants are entitled for Rs.18,000/ Rs.18,000/-- as

compensation under the head of funeral expenses and Rs.18,000/- towards loss of

estate by applying 10% increase under the conventional heads as per er the judgment

passed by the Hon'ble Apex Court in case of National Insurance Company Ltd.

vs. Pranay Sethi & Ors. (2017) 16 SCC 680. Loss of consortium is to be awarded

to the tune of Rs.48,000/-

Rs.48,000/ x 6 = Rs.2,88,000/- as it has to be awarded to all the

claimants imants in a claim petition, petition all of them being in very close relation with the

deceased and reliance in this regard can be placed on the judgment of Hon'ble

Apex court in the case of Shri Ram General Insurance Co. Ltd. Vs Bhagat Singh

Rawat awat & Ors.", Civil Appeal Nos.2410-2412/2023 2412/2023 [@ SLP[C] Nos. 11669- 11669

11671/2020].

[9]. In view of what has been discussed hereinabove, the

appellants/claimants shall be entitled for the grant of compensation in the

following manner:-

manner

Sr.No. Nature Amount in Rupees

1. Annual Income of deceased (after addition Rs.7,43,400 7,43,400/-

of 15% towards Future Prospects)

2. Tax deduction Rs.30,000/--

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Neutral Citation No:=2024:PHHC:086522

3 Net Income (Rs.7,43,400/-- - Rs.30,000) Rs.7,13,400 400 /-

4. Deduction (1/4th) Rs.1,78,350 350/-

5. Multiplier of 11 1 as per age of 52 years Rs.58,85,550 550/-

(Rs.5,35,050 /- X 11)

6. Funeral Expenses Rs.18,000/--

7. Loss of Consortium (Rs.48000x6 (Rs.48000x6) Rs.2,88,000/-

Rs.2,88,000/

8. Loss of Estate Rs.18,000/--

Total Compensation Rs.62,09,550 550/-

Amount Awarded by the Tribunal Rs.54,20,500/-

                                                                      Rs.54,20,500/
                     Enhanced Amount                                  Rs.7,89,050
                                                                              050/-



[10].        The grant of interest @ 7% per annum is not just in view of the facts

and circumstances of the present case; rather as per the observations made by the

Hon'ble Supreme Court in Smt. Supe Dei and others Vs. National Insurance

Company Limited and other, (2009) (4) SCC 513 approved in a subsequent

judgment titled as Puttamma and others Vs. K.L. Narayana Reddy and another,

443, the interest is enhanced to 9% per annum on the amount 2014 (1) RCR (Civil) 443,

of compensation awarded to the claimants claimants from the date of institution of claim

petition till its realization. Needless to mention here that the amount of

compensation already paid to the claimants claim shall be deducted from the enhanced

compensation.

[11]. In view of aforesaid modification, the present appeal stands disposed

of. Pending miscellaneous application(s) if any, shall also stand disposed of.



                                               (HARKESH MANUJA)
July 05, 2024                                      JUDGE
Atik
             Whether speaking/reasoned         Yes/No
             Whether reportable                Yes/No




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