Punjab-Haryana High Court

Jagjit Kaur And Ors vs Indresh Kumar And Ors on 31 January, 2025

Author: Sudeepti Sharma

Bench: Sudeepti Sharma

                                   Neutral Citation No:=2025:PHHC:016149


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FAO-4301-2007 (O&M)



            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH

233-A                                      FAO-4301-2007 (O&M)
                                           Date of Decision: 31.01.2025

Jagjit Kaur and others                                       ......Appellants

                                Vs.

Indresh Kumar and others                                     ......Respondents

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:    Mr. D.S.Virk, Advocate
            for the appellants.

            Mr. Gopal Mittal, Advocate
            for respondent No.3-Insurance Company.

                         ****

SUDEEPTI SHARMA J. (ORAL)

1. The present appeal has been preferred against the award dated

26.03.2007 passed in the claim petition filed under Section 166 of the Motor

Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal (Adhoc),

Patiala (for short, 'the Tribunal') for enhancement of compensation, granted to

the appellants/claimants to the tune of Rs.4,32,457/-, alongwith interest at the

rate of 6% per annum on account of death of Daljit Singh Chadha, in a Motor

Vehicular Accident, occurred on 13.02.2003.

2. As sole issue for determination in the present appeal is confined to

quantum of compensation awarded by the learned Tribunal, a detailed narration

of the facts of the case is not reproduced and is skipped herein for the sake of

brevity.

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SUBMISSIONS OF THE LEARNED COUNSELS FOR THE PARTIES

3. The learned counsel for the appellants/claimants contends that the

compensation assessed by the learned Tribunal is on the lower side. He further

contends that at the time of accident, deceased- Daljit Singh Chadha was 47

years old. He was running a flourishing business of transportation and was

earning Rs.15,000/- per month. He further contends:

ii) That the Ld. Tribunal has wrongly applied the multiplier of 11

instead of 13.

iii) That the Ld. Tribunal has wrongly deducted 1/3rd amount towards

personal expenditure.

iv) The Ld. Tribunal has awarded less amount towards medical

expenses as the deceased remained admitted in Hospital from 13.02.2003 to

08.03.2003 and the claimant-wife Jagjit Kaur PW-1 contends that she has spent

almost Rs.1 lac on his treatment.

v) That the learned Tribunal has not awarded any amount towards

conventional heads. Therefore, he prays that the present appeal be allowed and

compensation be enhanced, as per latest law.

4. Per contra, learned counsel for respondent No.3-Insurance

Company, however, vehemently argues on the lines of the award and contends

that the amount of compensation as assessed by the Ld. Tribunal, has rightly

been granted to the appellants/claimants. Therefore, he prays for dismissal of

the present appeal.

5. I have heard learned counsel for the parties and perused the whole

record of this case.

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6. A perusal of the award shows that the Ld. Tribunal has rightly

assessed the income of the deceased as Rs.50,000/- per annum, which is

evident from the income tax department assessment record exhibited as Ex.A-

322 and Ex.A-323. A perusal of the award further shows:-

ii). That the learned Tribunal has wrongly applied the multiplier of 11

instead of 13.

iii) That the Ld. Tribunal has erred in deducting 1/3rd amount towards

personal expenditure instead of 1/4th.

iv) That the learned Tribunal has not awarded any amount towards

conventional heads.

v) That the deceased remained admitted in Hospital from 13.02.2003

to 08.03.2003. The medical bills proved on record are annexed as Ex.A-1 to

Ex.A-106. Therefore, the award requires indulgence of this Court.

SETTLED LAW ON COMPENSATION

7. Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi

Transport Corporation and Another [(2009) 6 Supreme Court Cases 121],

laid down the law on assessment of compensation and the relevant paras of the

same are as under:-

"30. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply standardised deductions. Having a considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceeds six.

31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a different principle. In regard to bachelors, normally, 50% is deducted as personal and living

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expenses, because it is assumed that a bachelor would tend to spend more on himself. Even otherwise, there is also the possibility of his getting married in a short time, in which event the contribution to the parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependants, because they will either be independent and earning, or married, or be dependent on the father.

32. Thus even if the deceased is survived by parents and siblings, only d the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where the family of the bachelor is large and dependent on the income of the deceased, as in a case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to one-third and contribution to the family will be taken as two-third.

* * * * *

42. We therefore hold that the multiplier to be used should be as mentioned in Column (4) of the table above (prepared by applying Susamma Thomas³, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M- 5 for 66 to 70 years.

8. Hon'ble Supreme Court in the case of National Insurance

Company Ltd. Vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] has clarified the

law under Sections 166, 163-A and 168 of the Motor Vehicles Act, 1988, on the

following aspects:-

(A) Deduction of personal and living expenses to determine multiplicand;

(B) Selection of multiplier depending on age of deceased; (C) Age of deceased on basis for applying multiplier; (D) Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses, with escalation;

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(E) Future prospects for all categories of persons and for different ages: with permanent job; self-employed or fixed salary. The relevant portion of the judgment is reproduced as under:-

"52. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh². It has granted Rs.25,000 towards funeral expenses, Rs 1,00,000 towards loss of consortium and Rs 1,00,000 towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.

* * * * 59.3. While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. The addition should be 30%, if the age of the deceased was between 40 to 50 years. In case the deceased was between the age of 50 to 60 years, the addition should be 15%. Actual salary should be read as actual salary less tax.

59.4. In case the deceased was self-employed (or) on a fixed salary, an addition of 40% of the established income should

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be the warrant where the deceased was below the age of 40 years. An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation. The established income means the income minus the tax component.

59.5. For determination of the multiplicand, the deduction for personal and living expenses, the tribunals and the courts shall be guided by paras 30 to 32 of Sarla Verma⁴ which we have reproduced hereinbefore.

59.6. The selection of multiplier shall be as indicated in the Table in Sarla Verma¹ read with para 42 of that judgment. 59.7. The age of the deceased should be the basis for applying the multiplier.

59.8. Reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs 15,000, Rs 40,000 and Rs 15,000 respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years."

9. Hon'ble the Supreme Court in the case of Magma General

Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Others

[2018(18) SCC 130] after considering Sarla Verma (supra) and Pranay Sethi

(Supra) has settled the law regarding consortium. Relevant paras of the same

are reproduced as under:-

"21. A Constitution Bench of this Court in Pranay Sethi² dealt with the various heads under which compensation is to be awarded in a death case. One of these heads is loss of consortium. In legal parlance, "consortium" is a compendious term which encompasses "spousal consortium", "parental consortium", and "filial consortium". The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse.

21.1. Spousal consortium is generally defined as rights pertaining to the relationship of a husband-wife which allows compensation to the surviving spouse for loss of

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"company, society, cooperation, affection, and aid of the other in every conjugal relation".

21.2. Parental consortium is granted to the child upon the premature death of a parent, for loss of "parental aid, protection, affection, society, discipline, guidance and training".

21.3. Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit.

22. Consortium is a special prism reflecting changing norms about the status and worth of actual relationships. Modern jurisdictions world-over have recognised that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions therefore permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is a compensation for loss of the love, affection, care and companionship of the deceased child.

23. The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried son or daughter, the parents are entitled to be awarded loss of consortium under the head of filial consortium. Parental consortium is awarded to children who lose their parents in motor vehicle accidents under the Act. A few High Courts have awarded compensation on this count. However, there was no clarity with respect to the principles on which compensation could be awarded on loss of filial consortium.

24. The amount of compensation to be awarded as consortium will be governed by the principles of awarding compensation under "loss of consortium" as laid down in Pranay Sethi². In the present case, we deem it appropriate to award the father and the sister of the deceased, an amount of Rs 40,000 each for loss of filial consortium.

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RELIEF

10. In view of the law laid down by Hon'ble the Supreme Court in the

above referred to judgments, the present appeal is allowed. The award dated

26.03.2007 is modified accordingly. The appellants/claimants are entitled to

enhanced compensation as per the calculations made here-under:-

Sr. No.                  Heads                       Compensation Awarded
      1       Monthly Income                  Rs.4167/-
      2       Future prospects @ 25%          Rs.1042/- (25% of 4167/- )
      3       Deduction           towards Rs.1302/- (1/4th of 5209)
              personal         expenditure
              1/4th
      4       Total Income                    Rs.3907/- (5209-1302)

      6       Annual Dependency               Rs.6,09,432/- (3907x12x13)
      7       Loss of Estate                  Rs.18,000/-
      8       Funeral Expenses                Rs.18,000/-
      9       Loss of Consortium              Rs.2,40,000/-
              Filial : Rs.48,000 x
              Parental: Rs.48,000X
              Spousal:Rs.48,000X
      10.     Medical                         Rs.32,857/-
              Total Compensation              Rs.9,18,357/-
              Amount Awarded by the Rs.4,32,457/-
              Tribunal
              Enhanced amount                 Rs.4,85,892/-

11. So far as the interest part is concerned, as held by Hon'ble

Supreme Court in Dara Singh @ Dhara Banjara Vs. Shyam Singh Varma

2019 ACJ 3176 and R.Valli and Others VS. Tamil Nadu State Transport

Corporation (2022) 5 Supreme Court Cases 107, the appellants/claimants are

granted the interest @ 9% per annum on the enhanced amount from the date of

filing of claim petition till the date of its realization.

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12. The respondent No.3-Insurance Company is directed to deposit the

enhanced amount of compensation alongwith interest with the Tribunal within

a period of two months from the date of receipt of copy of this judgment. The