Punjab-Haryana High Court
Manjeet Kaur Etc vs Manjit Kumar Etc on 20 March, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:040347
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
103 FAO-6397-2013 (O&M)
Date of Decision : 20.03.2024
MANJEET KAUR AND OTHERS .... Appellants
VERSUS
MANJIT KUMAR AND OTHERS .... Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Ekta Thakur, Advocate for the appellants.
Mr. Rajneesh Malhotra, Advocate for respondent No.4.
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, Chandigarh (hereinafter referred to as the
'Tribunal') vide award dated 13.09.2013.
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. Monthly dependency Rs.5,000/-
2. Deduction 1/3rd [Rs.5,000/- - Rs.1,666/-] = Rs.3,334/-
3. Annual dependency [Rs.3,334/- x 12] = Rs.40,008/-
4. Multiplier of 11 [Rs.40,008/- x 11] = Rs.4,40,088/-
5. Future prospects 15% [Rs.4,40,088/- + Rs.66,013/-] =
Rs.5,06,101/-
6. Funeral expenses Rs.25,000/-
7. Loss of consortium Rs.1,00,000/-
8. Total Compensation Rs.6,31,101/-
Interest 7.50% per annum
integrity of this judgment/order.
103 FAO-6397-2013 (O&M) -2-
4. Learned counsel for the claimant-appellants would contend that
the income of the deceased was wrongly assessed as Rs.5,000/- per month
and further the Tribunal erred in not awarding an amount of Rs.52,667/-
towards the medical expenses incurred by the deceased inasmuch as the
deceased remained under treatment w.e.f. 20.11.2009 to 25.11.2009. It is
further the contention that the amount awarded under the conventional heads
as well as towards 'loss of consortium' is also not in accordance with the law
laid down by the Hon'ble Supreme Court. In support of his contentions the
learned counsel for the claimant-appellants has relied upon the judgments of
the Hon'ble Supreme Court in the cases of 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].
5. Per contra, the learned counsel for respondent No.4-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. I have heard the learned counsel for the parties.
7. In the present case the Tribunal has though rightly assessed the
income of the deceased as Rs.5,000/- per month and correctly applied a
multiplier of '11' and deduction to the extent of 1/3rd, however, the addition
@ 15% has been awarded by the Tribunal which ought to have been @ 10%
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
integrity of this judgment/order.
103 FAO-6397-2013 (O&M) -3-
SCC 680]. Further, the amount awarded under the conventional heads and
towards '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 No.1 to 3, being wife and sons of the deceased, would
also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss
of consortium. Further, admittedly the deceased remained under treatment
w.e.f 20.11.2009 to 25.11.2009 and had incurred an amount of Rs.52,667/-.
Hence, the claimant-appellants would also be entitled to the entire medical
expenses @ Rs.52,667/-.
8. Accordingly, the reworked compensation is as under :
Sr. No. Heads Compensation Awarded
1 Monthly income Rs.5,000/-
2 Annual income [Rs.5,000 x 12] = Rs.60,000/-
3 Deduction 1/3rd [Rs.60,000/- - Rs.20,000/-] = Rs.40,000/-
4. Future prospects @ [Rs.40,000/- + Rs.4,000/-] = Rs.44,000/-
10%
5 Multiplier 11 [Rs.44,000/- x 11] = Rs.4,84,000/-
6 Loss of estate [Rs.15,000+20% increase] = Rs.18,000/-
7 Funeral expenses [Rs.15,000+20% increase] = Rs.18,000/-
8 Loss of Consortium :
(i) Parental Rs.96,000/- [48,000 x 2]
(ii) Spousal's Rs.48,000/-
[Total Rs.1,44,000/-]
9. Medical bill Rs.52,667/-
10 Total Compensation Rs.7,16,667/-
9. The amount in excess of and over and above the amount
awarded by the Tribunal shall also attract interest @ 7.5% per annum from
integrity of this judgment/order.
103 FAO-6397-2013 (O&M) -4-
the date of filing of the claim petition till the realization of the entire amount.
The amount shall be apportioned between 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.
20.03.2024 (ALKA SARIN)
Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this judgment/order.
