Punjab-Haryana High Court
Palwinder Kaur And Ors vs Surinder Singh And Ors on 15 March, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:037836
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
695 FAO-1286-2013 (O&M)
Date of Decision : 15.03.2024
PALWINDER KAUR & ORS. ... Appellants
VERSUS
SURINDER SINGH & ORS. ... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. B.D. Sharma, Advocate for the appellants.
Mr. Rohit Kataria, Advocate for
Ms. Anamika Mehra, Advocate for respondent No.2.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the claimant-
appellants aggrieved by the quantum of compensation awarded by the Motor
Accident Claims Tribunal, Jalandhar (hereinafter referred to as 'the
Tribunal') vide award dated 27.11.2012.
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. The Tribunal had awarded the following compensation :
Sr. No. Heads Compensation Awarded
1 Notional income Rs.3,000/-
2 Annual income [Rs.3,000 x 12] = Rs.36,000/-
3 Deduction 50% [Rs.36,000/- - Rs.18,000/-] = Rs.18,000/-
4 Multiplier of 13 [Rs.18,000/- x 13] = Rs.2,34,000/-
5 Funeral expenses Rs.5,000/-
6 Medical bills Rs.47,675/-
Total Compensation Rs.2,86,675/-
integrity of this judgment/order.
695 FAO-1286-2013 (O&M) -2-
4. Learned counsel for the claimant-appellants would contend that
the deceased in the present case was a young boy of 18 years who had
completed his 10+2 and had a very bright future ahead. However, the
Tribunal while computing his income had assessed the same as Rs.3,000/-
per month. It is further the contention that future prospectus ought to have
been added and that multiplier of '18' would be applicable in the present case
keeping in view the age of the deceased. It is further the contention that the
amount awarded under the conventional heads i.e. loss of estate and funeral
expenses as well as under the head 'loss of consortium' is also not in
accordance with the law laid down by the Hon'ble Supreme Court. Learned
counsel has further argued that the Tribunal has erroneously held that the
respondents shall pay the amount within a period of three months from the
date of the award failing which the claimants shall be entitled to recover the
amount with interest @ 7.5% per annum from the date of filing of the
petition till its realization. Learned counsel for the claimant-appellants has
relied upon the judgment passed by the Hon'ble Supreme Court in Civil
Appeal No.4911 of 2023 decided on 04.08.2023 titled as Bishnupriya
Panda V/s Basanti Manjari Mohanty and Anr. to contend that in the case
where the deceased was a 4th year student of MBBS, the Hon'ble Supreme
Court had taken the notional income of the deceased as Rs.50,000/- per
month. Further, reliance has been placed upon the judgment passed by the
Hon'ble Supreme Court in Civil Appeal Nos.3644-3645 of 2023 decided on
12.05.2023 titled as Arjun Kumar Aggarwal V/s The New India
Assurance Co. Ltd. and Ors. wherein the notional income of the deceased
was taken as Rs.29,166/- on the basis of an appointment letter. Further
integrity of this judgment/order.
695 FAO-1286-2013 (O&M) -3-
relying upon the judgment passed by the Hon'ble Supreme Court in Civil
Appeal No.3125 of 2023 decided on 24.04.2023 titled as Kandasami &
Ors. V/s Lindabriyal & Anr. it has been stated that the deceased in the said
case was an Engineering Graduate and his notional income was taken as
Rs.25,000/-.
5. Per contra, the learned counsel for respondent No.2-Insurance
Company has vehemently argued that sufficient amount has already been
awarded as compensation in the present case and that there is no scope of
any enhancement.
6. Heard.
7. In the present case the deceased was a student of 10+2 at the
time of the accident. The Hon'ble Supreme Court in the cases of
Bishnupriya Panda (supra) had taken the notional income of the deceased
as Rs.50,000/- per month; in the case of Arjun Kumar Aggarwal (supra)
had taken the notional income of the deceased as Rs.29,166/- per month and
in the case of Kandasami (supra) had taken the notional income as
Rs.25,000/- per month. Taking a conservative estimate, as the date of the
accident was 30.07.2006, the notional income of the deceased is assessed as
Rs.10,000/- per month. Further, no amount has been awarded towards future
prospects which ought to have been 40%. A multiplier of '13' has wrongly
been applied and hence, as per the law laid down by the Hon'ble Supreme
Court in the case of Sarla Verma & Ors. vs. Delhi Transport
Corporation & Anr. [(2009) 6 SCC 121], multiplier of '18' would be
applicable keeping in view the age of the deceased. Further since the
deceased was a bachelor, 50% deduction would be applicable as held by the
integrity of this judgment/order.
695 FAO-1286-2013 (O&M) -4-
Hon'ble Supreme Court in the cases of Bishnupriya Panda (supra) and
Kandasami (supra). Further, the amount awarded under the conventional
heads and under the head 'loss of consortium' is not as per the law laid down
by the Hon'ble Supreme Court. Accordingly, the claimant-appellants 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-appellants would also be entitled to Rs.48,000/- each
(Rs.40,000+20% increase) towards loss of consortium. The amount of
Rs.47,675/- awarded against the medical bill is maintained.
8. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1. Notional income Rs.10,000/-
2. Annual income [Rs.10000/- x 12] = Rs.1,20,000/-
3. Deduction 50% [Rs.120000/- - Rs.60000/-] = Rs.60,000/-
4. Future prospects @ [Rs.60000+ Rs.24000/-] = Rs.84,000/-
40%
5. Multiplier 18 [Rs.84000/- x 18] = Rs.15,12,000/-
6. Loss of estate [Rs.15000+20% increase] = Rs.18,000/-
7. Funeral expenses [Rs.15000+20% increase] = Rs.18,000/-
8. Loss of Consortium :
(i) Filial Rs.1,92,000/- [Rs.48000 x 4]
9. Medical Bills Rs.47,675/-
10. Total Compensation Rs.17,87,675/-
9. The interest component would also have to be awarded from the
date of filing of the claim petition till its realization. In view thereof, the
amount awarded by the Tribunal as well as the enhanced amount shall carry
an interest component @ 7.5% per annum from the date of filing of the
claim petition till its realization. The amount shall be apportioned between
integrity of this judgment/order.
695 FAO-1286-2013 (O&M) -5-
the claimant-appellants as directed by the Tribunal.
10. 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.
15.03.2024 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this judgment/order.
