IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 2915 of 2011 (O&M). Date of Decision: 26.9.2013. Smt. [ENTITY] and others Appellants Versus [ENTITY] and others Respondents
CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for Mr. [ENTITY], Advocate, for the appellants. Mr. [ENTITY], Advocate, for the insurance company. [ENTITY] (ORAL)
[ENTITY], aged 50 years, Mason by occupation, th died in a vehicular accident on October 13 , 2009 near village Tirlokpur on account of rash and negligent driving of tractor bearing No HR-03-G-0546 by [ENTITY]. FIR No.102 (Exhibit P-1) was registered in Police Station Raipur Rani against the driver of the tractor.
2. Widow and five minor children of the deceased filed claim application under [SECTION] of the [ACT] before the Motor Accident Claims Tribunal, Panchkula (for short "the Tribunal"), alleging that the deceased was Mason by occupation. He was earning Rs.6000/- per month.
3. The Tribunal did not accept that the deceased was Mason and held his income at Rs.3500/-per month considering th him to be a casual labourer. Deduction of 1/4 was made therefrom for his personal and living expenses. The dependency was assessed at Rs.2600/- per month, that is, Rs.31,200/- per year. The deceased was 50 years old so, multiplier of 13 was applied as per the guidelines laid down in [PRECEDENT] and the loss of dependency was assessed at Rs.4,05,600/-. A sum of Rs.2000/- each was awarded for loss of consortium and funeral [ENTITY] expenses. In all, compensation of Rs.4,09,600/- along with interest at the rate of 7.5% was awarded to the claimants.
4. Aggrieved of the Award, the claimants have filed the instant appeal.
5. The claimants examined [ENTITY], a partner of the firm in the name and style M/s Ram Pal and Associates (contractors) (PW-2), who on the basis of record, that is, Attendance Register and Salary Record (Exhibit P-4 to P-9) deposed that the deceased was working as Mason and his salary was Rs.6000/- per month. There could not have been any better evidence than the evidence led by the claimants to prove the income of the deceased. In view of this, the income of the deceased is held at Rs.6000/- per month. An addition 30% to the income is given for future prospects in view of the judgment of the Hon'ble Supreme Court rendered in [PRECEDENT].
th The figure comes to Rs.7800/- (6000+1800). Deduction of is made therefrom for his personal and living expenses and the dependency comes to Rs.5850/-. Multiplier of 13 is applied and the loss of dependency is assessed at Rs.9,12,600/- (5850x 12 x13). A sum of Rs.5000/- is awarded for funeral expenses.
6. Age of the deceased at the time of his death was 50 years and that of his widow was 45 years so, a sum of Rs.75000/- is awarded to the widow for loss of consortium in view of [PRECEDENT]'s case (supra).
7. In view of above, the Award of the Tribunal is modified to the extent that the claimants-appellants are held entitled to total compensation of Rs.9,92,600/-. The interest on the enhanced compensation shall be paid by the insurance company from the date of filing of claim application till the amount was deposited by the insurance company under the impugned Award at the same rate of interest which was Awarded by the Tribunal.
8. The appeal is disposed of accordingly.
26.9.2013. ([ENTITY]) SN JUDGE