Punjab-Haryana High Court
Tarsem Singh And Anr vs Bhutto @ Sokat Ali on 6 March, 2024
Author: Archana Puri
Bench: Archana Puri
2024:PHHC:032689
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-2686-2010 (O&M)
Date of Decision: March 06, 2024
Tarsem Singh and another
...Appellants
VERSUS
Bhutto @ Sokat Ali and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Jatin Bansal, Advocate
for the appellants.
Mr.Radhey Shyam Sharma, Advocate
for respondent No.3.
****
ARCHANA PURI, J.
The present appeal has been filed by the appellants-claimants,
thereby, seeking enhancement of the compensation awarded by learned
Motor Accident Claims Tribunal, on account of death of Amanpreet Kaur,
daughter of the claimants, in a motor vehicular accident, which took place
on 11.06.2007.
On perusal of the evidence on record, learned Tribunal had
taken the income of the deceased Amanpreet Kaur, aged 19 years, as
Rs.3000/- per month. After deducting 1/3rd towards personal expenses, the
dependency of the parents of the deceased, was assessed to be Rs.2000/- per
month, which comes to be Rs.24,000/- per annum. Also, multiplier of '5'
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was applied and the compensation was worked upon as Rs.1,20,000/-.
Besides the same, a sum of Rs.5000/- was awarded towards medical
expenses and another sum of Rs.5000/- was awarded towards last rites and
bhog ceremony. In total, the compensation awarded was Rs.1,30,000/-.
Being dissatisfied with the extent of compensation, so granted,
the appellants-claimants, who are parents of the deceased, have filed the
present appeal, for seeking enhancement.
Be it noted that no such appeal has been filed by any of the
respondents, upon whom the liability was fastened.
While making reference to the evidence adduced before learned
Tribunal, it has been submitted by learned counsel for the appellants that
though, the appellants do not dispute about the extent of income of the
deceased, but however, it is submitted that various counts, which ought to be
taken note of, while working upon the compensation, have been given amiss,
as a result whereof, the compensation worked upon is miserably on a lower
side, which calls for extensive enhancement.
On the other hand, learned counsel for the insurance company
has resisted the claim of the appellants and he submits that on the basis of
the evidence adduced, the compensation worked upon by learned Tribunal is
just and reasonable and therefore, appeal should be dismissed.
From the educational certificates, proved in evidence, it is
evident that date of birth of the deceased was 14.02.1989 and thus, at the
time of death, Amanpreet Kaur was in the age bracket of 18-19 years.
Though, in the petition, it was asserted that the deceased was working as
Computer Operator and student and was doing job with Imperial Document
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and Type College and earning Rs.6,000/- per month, however, the earnings
of the deceased were taken as Rs.3,000/- per month by learned Tribunal and
this extent of earnings, as such, is not challenged by the appellants-
claimants. However, they claim that the compensation worked upon the
basis of this extent of earnings, calls for enhancement, as per the prevalent
settled law.
In the light of the same, the extent of compensation, as worked
upon by learned Tribunal, definitely calls for re-computation. Thus,
considering the same, while taking the earnings as Rs.3000/- per month,
more particularly, keeping in view the educational inputs, as evident from
the educational certificates, coming on record, further compensation ought to
be worked upon.
Now, on the said extent of income, keeping in view the age of
the deceased, addition of 40%, on the count of 'future prospects' ought to be
made. Thus, the monthly income works upon as
Rs.3000+Rs.1200(40%)=Rs.4200/-. The deceased was an unmarried girl.
Considering the same, on the count of 'personal expenses' deduction to the
extent of 50% ought to be made and thus, the monthly dependency is
worked upon as Rs.2100/-, annual whereof, comes to be Rs.25,200/-.
Considering the age of the deceased, as per Sarla Verma's case,
appropriate and suitable multiplier, to be applied is '18' and by applying the
same, the loss of dependency, works out to be Rs.25200x18=Rs.4,53,600/-.
Besides the aforesaid, under the conventional heads, as per
Pranay Sethi's case (supra), the compensation ought to be paid, on the count
of 'loss of consortium', 'loss of estate' and 'funeral expenses'. As per
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'Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram
and others, 2018 (18) SCC 130', whosoever are the dependents of the
deceased, are entitled to 'parental', 'spousal' or 'filial' consortium, as
required.
In view of the same, both the appellants are entitled to
compensation, on the aforesaid counts. However, taking into consideration
the enhancement as provided in Pranay Sethi's case (supra), to the extent of
10%, after every three years of passing of the judgment, the compensation
payable, on the count of 'loss of consortium' is to the extent of Rs.48,400/-,
to each of the appellants-claimants and on the similar pattern, on the counts
of 'loss of estate' and 'funeral expenses', the compensation payable, comes
to be Rs.18,150/-, on each count.
Considering the same, the compensation payable to appellants-
claimants on account of death of Amanpreet Kaur, is computed, as herein
given:-
Loss of dependency : Rs.4,53,600/-
Loss of consortium : Rs.96,800/-
Loss of estate : Rs.18,150/-
Funeral expenses : Rs.18,150/-
Total : Rs.5,86,700/-
As such, the enhanced compensation, after the deduction of
compensation awarded by the Tribunal comes to be Rs.5,86,700-
1,30,000=Rs.4,56,700/-. On the enhanced amount of the compensation i.e.
Rs.4,56,700/-, the appellants-claimants shall be entitled to the interest, at the
rate of 6% per annum, from the date of filing of the present appeal, till
realization of the enhanced amount of compensation. The residue terms of
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the Award, as ordered by learned Tribunal, shall remain the same.
With the above observations, the present appeal stands allowed.
March 06, 2024 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
