Lakhmir Kaur And Ors vs Delhi Transport Corporation And Ors
2024 Latest Caselaw 16416 P&H

Citation : 2024 Latest Caselaw 16416 P&H
Judgement Date : 6 September, 2024

Punjab-Haryana High Court

Lakhmir Kaur And Ors vs Delhi Transport Corporation And Ors on 6 September, 2024

                                     Neutral Citation No:=2024:PHHC:119529

FAO-4309-200
         2005
                                                                          1

210

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH
                             FAO--4309-2005
                              Date of Decision:06.09.
                                      Decision:06.09.2024

Smt. Lakhmir Kaur and others
                                                               . . . . APPELLANTS
                                        Vs.

Delhi Transport Corporation and others
                                other
                                                           . . . . RESPONDENTS


                               ****
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
                               ****
Present: Mr. J.S. Cooner, Advocate for the appellants.

              Mr. V. Ram Swaroop, Advocate for respondents No. 1 and 2.

        Mr. Sandeep Suri, Advocate
        For respondent No.3.
                             ****
SANJAY VASHISTH, J.

1. Instant appeal has been filed by the appellants/claimants for

seeking enhancement of the amount of compensation, which has been

awarded by learned Motor Accident Claims Tribunal, Ambala (for short 'the

Tribunal').

While considering the claim petition bearing MACT case No. 166 filed

under Section 166 of the Motor Vehicle Act, learned Tribunal held in specific

that the accident was caused due to the rash and negligent driving of Bus

bearing No. DL-1PA-2980, DL 2980, which was driven by respondent No.2 and owned

by respondent No.1-Delhi No.1 Delhi Transport Corporation, Delhi.

While deciding the amount of compensation payable to the

appellants/claimants, learned Tribunal found that the plea taken by the

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Neutral Citation No:=2024:PHHC:119529

FAO-4309-200

appellants/claimants that the deceased was running a partnership firm with appellants/claimants

one Ram Singh was not found to be proven. Therefore, the claimed monthly

income of Rs.10,000/-

Rs.10,000/ also remained unproven. Accident in question took

place on 27.10.2003, and as a result of which which, learned Labour Tribunal

assessed the monthly income of the deceased deceased-Avtar Singh as Rs.2,000/--

considering him to be a labourer, labo rer, who was of 35 years of age at the time of

accident.

2. During the course of hearing, Mr. J.S. Cooner, learned counsel for the

appellants/claimants, nts/claimants, submitted that he would be satisfied if the monthly

income is assessed as Rs.2,000/-, Rs.2,000/ , which has already been determined by

learned Tribunal, provided that all benefits are extended to the claimants as

per the judgment passed by this Court titled as 'Sangtari Sangtari Muleem v. Karnail

Singh (FAO No. 2538 of 2006). D/d. 07.07.2023.: Law Finder Doc Id

#2270482' which is in consonance with the settled proposition of law laid

down by the Apex Court in 'National National Insurance Company Limited v.

Pranay Sethi and Ors., 2017(4) RCR (Civil) 1009, (Law Finder Doc Id

#918174)' and 'Smt. Smt. Sarla Verma's case (supra) and Smt. Anjali aand nd

others v. Lokendra Rathod and others 2023 (1) R.C.R. (Civil) 229

LawFinder Doc ID #2081014'.

#2081014

To the said proposition, learned counsel representing respondent respondent--

Insurance Company has nothing to rebut, therefore he is not in a position to

oppose the said argument. Rather, as a fair gesture to the Court, submits that

in the eventuality of granting an adequate adequate amount of 'just compensation'

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Neutral Citation No:=2024:PHHC:119529

FAO-4309-200

in view of the judgments suggested by the appellants, he would not be in a

position to oppose much to the said contentions.

3. Considering the submissions addressed by learned counsel for the

parties and after examining examining the award passed by the learned Tribunal, the

amount of compensation is calculated, taking into consideration the settled

law of proposition as laid down by the Hon'ble Apex Court and as applied by

this Court.

For the sake of convenience, a comparativ comparativee table of the compensation

as assessed and calculated by Ld. Tribunal and this Court is produced below

in a tabular form:

Sr.No Compensation Compensation HEADS awarded by the Ld. awarded by the High Tribunal Court

1 Income Rs.2,000/-p.m. Rs.2,000/-p.m

2 Future Prospects Rs.800/-(i.e (i.e 40% of the income of the deceased)

3 Deduction towards Rs.666.67/- (i.e. 1/3rd of Rs.933.34(i.e. (i.e. 1/3rd of personal expenses 2,000) 2,000 + 800)

4 Total Annual Rs.16,000/-(2/3rd (2/3rd of Rs.22,400/-(2/3rd (2/3rd of Income 2,000/-)x12 2,000+800)x12

(aged 35 years)

6 Loss of Dependency Rs.2,56,000/- Rs.3,58,400/-