[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. FAO No. 5812 of 2017 [ENTITY] Appellants Versus [ENTITY] and others Respondents 2. FAO No. 8323 of 2017 [ENTITY] and others Appellants Versus [ENTITY] and others Respondents Date of decision:- 04.04.2018 CORAM: HON'BLE MS. JUSTICE [ENTITY] Present:- Mr. [ENTITY], Advocate for for the appellant in FAO No. 1181-2014 Mr. [ENTITY], Advocate for respondent Nos. 1 to 3 in FAO No. 5812 of 2017 and for the appellant in [CASE NUMBER] [ENTITY] J. (Oral)
[CASE NUMBER] Issue notice of motion in [CASE NUMBER] Mr. [ENTITY], Advocate who is present in the Court accepts notice on behalf of respondent No. 3/Insurance Company
1. The above said two appeals, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned award dated 18.02.2017 passed by the learned Motor Accident Claims Tribunal, Rupnagar (for short the Tribunal)
2. Brief facts of the case are that on 11.04.2016, [ENTITY] was going to Nalagarh on his motorcycle bearing registration No. HP-11-9504 1 of 5 on the left side of the road. When he reached near village Sallewal, in the meantime, a Omni Bus No. HP-02-3983 came from Nalagarh side in a rash and negligent manner and struck against the motorcycle of the deceased, who fell down and received grievous injuries. He succumbed to his injuries in PGI Chandigarh. [CASE NUMBER] dated 11.04.2016 under Sections [SECTION] [ACT].
3. As per the Tribunal, the deceased-[ENTITY] in the present case was 32 years old at the time of the accident. The Tribunal took the income of the deceased at Rs.7600/- per month and 1/3rd was deducted towards personal expenses. 50% future prospects were added and thereafter, applied the multiplier of 16, in view of [PRECEDENT]. The claimants were awarded Rs.1,00,000/- towards loss of consortium, Rs.1,00,000/- towards loss of love and affection and Rs.50,000/- for the last rites and transportation. The total compensation awarded to the claimant was Rs.17,09,200/-.
3. The only argument raised by learned counsel for the appellant- Insurance company that the compensation awarded by the learned Tribunal is on the higher side and no future prospects should have been granted while granting the compensation, as the deceased was a private employee. Further the amount awarded under the conventional head is on the higher side.
4. On the other hand, learned counsel for the appellants-claimants contends that the compensation awarded by the Tribunal is on the lower side and deserves to be enhanced. Learned counsel for the appellant- claimants has further referred to order dated 08.08.2017 whereby application filed by the claimants for correction in the judgment dated 2 of 5 18.02.2017 was disposed of and the judgment dated 18.02.2017 was corrected as per amended title dated 13.10.2016 by depicting the names of [ENTITY] and [ENTITY], both minor children.
5. Heard learned counsel for the parties.
6. Reference at this stage can be made to a recent judgment of Hon'ble the Supreme Court of India in a case of [PRECEDENT], passed in [CASE NUMBER], decided on October 31, 2017 wherein the issue with regard to awarding of amount under the conventional heads has been authoritatively decided, while observing as under :-
"54. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in [ENTITY]. It has granted Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/-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 [ENTITY] refers to [ENTITY], 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 3 of 5 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.".
7. In the present case, the deceased was a skilled labourer, as he was working as Welder and working with M/S Hari Om Drillers and the minimum wages of skilled labour at the time of accident was Rs.8200/- and can be taken at Rs.8500/-for the purpose of compensation and the compensation is being reassessed as per the judgments mentioned above:-
Sr. Heads Calculations No. (i) Salary Rs.8500/- per month (ii) 40% of (i) above to be added as Rs.8500+Rs.3400=Rs.11900/- per month future prospects=
(iii) 1/4th of (ii) deducted as personal Rs.11900-Rs.2975=Rs.8925/- per month expenses of the deceased=
(iv) Compensation after multiplier of Rs.8925 X 12 X 16= Rs.17,13,600/-
16 is applied (v) Conventional heads (Loss of Rs.70,000/- estate, loss of consortium and funeral expenses) (vi) Total Compensation awarded Rs.17,83,600/- Enhanced amount of Rs.17,83,600-Rs.17,09,200=Rs.74,400/- compensation
9. In view of the discussion made above, the appeal (FAO No. 4 of 5 5814 of 2017) filed by the Insurance company is dismissed and the appeal i.e [CASE NUMBER] filed by the claimants is partly allowed to the extent that they are entitled to get compensation of Rs.74,400/-, which shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants ([CASE NUMBER]) shall also get interest @ 7.5% per annum from the date of filing of the claim petition, in view of the judgment of Hon'ble the Supreme Court in a case of [PRECEDENT], passed in [CASE NUMBER]., decided on 19.01.2018. The remaining conditions of disbursal of amount and recovery rights shall remain unaltered.
April 04, 2018 ( [ENTITY] ) [ENTITY] JUDGE Whether speaking/reasoned Yes Whether reportable No 5 of 5