Punjab-Haryana High Court
Gurnam Kaur vs Baldev Raj And Ors on 3 May, 2024
Author: Alka Sarin
Bench: Alka Sarin
FAO No.1523 of 1998 1 2024:PHHC:061612
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
226 FAO No.1523 of 1998
Date of Decision : 03.05.2024
Gurnam Kaur and Another ....Appellants
VERSUS
Baldev Raj and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Tanya Kanwar, Advocate for
Mr. Keshav Pratap Singh, Advocate for the appellants.
Mr. Vinod Chaudhri, Advocate for respondent No.3.
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, Ambala (hereinafter referred to as the 'Tribunal')
vide award dated 27.02.1998.
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 in the present case had awarded the following
compensation :
Sr. Heads Compensation Awarded
No.
1 Loss of dependency Rs.700/- per month
2 Annual loss of dependency [Rs.700 x 12] = Rs.8,400/-
3 Multiplier of 15 [Rs.8,400 x 15] = Rs.1,26,000/-
4 Funeral expenses Rs.2,000/-
Total Compensation Rs.1,28,000/-
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FAO No.1523 of 1998 2 2024:PHHC:061612
4. Learned counsel for the claimant-appellants would contend that
the deceased in the present case was working as a mason and that the
Tribunal has not assessed any income of the deceased. However, the
Tribunal has taken the loss of dependency @ Rs.700/- per month; applied a
multiplier of 15; and also awarded an amount of Rs.2,000/- towards funeral
expenses. It is further the contention that the Tribunal has not made any
addition towards loss of future prospects which, keeping in view the law laid
down by the Hon'ble Supreme Court in case of National Insurance
Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], ought to
have been 40%. The deceased in the present case was 21 years of age. The
Tribunal has applied a multiplier of 15, however, keeping in view the law
laid down by the Hon'ble Supreme Court in case of Sarla Verma & Ors.
vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121] a multiplier
of 18 would be applicable. It is further the contention that the amount
awarded under the conventional heads is not in consonance with the law laid
down by Hon'ble Supreme Court in cases of Pranay Sethi (supra), 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]. It has
further been contended that the Tribunal has not awarded any interest on the
amount so awarded.
5. Per contra learned counsel for respondent No.3-Insurance
Company has contended that in the absence of any evidence the loss of
dependency @ Rs. 700/- per month has rightly been assessed by the
Tribunal and sufficient amount of compensation has already been awarded
by the Tribunal and there is no scope of any further enhancement.
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FAO No.1523 of 1998 3 2024:PHHC:061612
6. Heard.
7. In the present case, though no income has been assessed by the
Tribunal, however, the Tribunal has taken the loss of dependency as
Rs.700/- per month and applied a multiplier of 15 and further awarded an
amount of Rs.2,000/- towards funeral expenses. The deceased in the present
case was 21 years of age and was stated to be working as a mason. Though
there is no evidence on the record to the effect that the deceased was
working as a mason, however, the income of the deceased ought to have
been assessed as per the minimum wages prevailing at the relevant point of
time, which were approximately Rs.1,800/- per month in the year 1996 and
hence the income of the deceased is assessed as Rs.1,800/- per month.
8. The deceased in the present case was a bachelor and 50%
deduction ought to have been applied in view of the law laid down by
Hon'ble Supreme Court in case of Pranay Sethi (supra). Further, the
Tribunal has applied a multiplier of 15, which keeping in view the age of the
deceased being 21 years would be 18 as per the law laid down in case of
Sarla Verma (supra). The claimant-appellants would also be entitled to an
addition of 40% towards loss of future prospects. Further, the amount
awarded under the conventional heads is on the lower side and no amount
has been awarded under the head 'loss of consortium' and hence, as per the
law laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi
(supra), Magma General Insurance Company Limited (supra) and N.
Jayasree (supra), 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. The claimant-
appellants, who are parents of the deceased, would also be entitled to
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FAO No.1523 of 1998 4 2024:PHHC:061612
Rs.48,000/- each (Rs.40,000+20% increase) towards loss of filial
consortium. Accordingly, the reworked compensation is as under :
Sr. Heads Compensation Awarded
No.
1 Monthly income Rs.1,800/-
2 Annual income [Rs.1,800 x 12] = Rs.21,600/-
3 Deduction 50% [Rs.21,600 - 10,800] = Rs.10,800/-
4 Future prospects @ 40% [Rs.10,800 + 4,320] = Rs.15,120/-
5 Multiplier 18 (Rs.15,120 x 18) = Rs.2,72,160/-
6 Loss of estate Rs.18,000/-
7 Funeral expenses Rs.18,000/-
8 Loss of Consortium :
(i) Filial Rs.96,000/- (48,000 x 2)
Total Compensation Rs.4,04,160/-
9. Since the Tribunal has not granted any interest on the amount so
awarded, the amount of compensation awarded by the Tribunal and the
enhanced amount of compensation shall carry interest @ 7.5% per annum
from 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.
( ALKA SARIN )
03.05.2024 JUDGE
jk
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
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