[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of Decision: April 01, 2019 [ENTITY] and others Appellants(s) Versus [ENTITY] and others Respondent(s) CORAM:- HON'BLE MRS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the appellants. Mr. [ENTITY], Advocate for respondent nos.1 and 2. Mr. [ENTITY], Advocate for respondent no.3-insurance company.
[ENTITY], J. (oral) This appeal has been filed seeking enhancement of the compensation awarded to the claimants vide award dated 23.09.2014, passed by learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (hereinafter referred to as 'the Tribunal) on account of death of [ENTITY] in a motor vehicles accident.
Claimants-appellants who are the widow and minor children of the deceased, filed a petition under [SECTION] of the [ACT] seeking compensation on account of death of [ENTITY] in motor vehicle accident, which took place on 15.03.2012, due to the 1 of 5 rash and negligent driving of the offending tractor-trolley bearing registration No. HR-01-W-5488, by its driver [ENTITY]-respondent no.1. It was pleaded that [ENTITY] was running a grocery (Kiryana) shop and a liquor shop at village Sadhaura. Compensation was prayed for.
Learned Tribunal on considering the evidence on record, facts and circumstances concluded that [ENTITY] lost his life in the accident in question, which took place due to the rash and negligent driving of the offending vehicle, by its driver [ENTITY]-respondent no.1. While not accepting the deceased to be running grocery and liquor shops, his income was assessed by equating the deceased to be a daily wager, earning Rs.210/- per day. Annual income of the deceased was assessed as Rs.76,650/-. Deceased was concluded to be 50 years old at the time of his death. Learned Tribunal awarded a sum of Rs.7,67,331/-, the detail of which is as under:-
Sr. Heads of Claim Amount No. 1. Income 76,650/- per annum 2. 1/4th i.e. Rs.19,163 76,650 - 19,163 = 57,487/- deducted as personal expenses of the deceased 3. Compensation after 57,487 x 13 = 7,47,331/- applying a multiplier of 4. Funeral expenses 5,000/- 5. Loss of consortium 10,000/- 6. Loss of estate 5,000/- Grand Total Rs. 7,67,331/- (rounded off as Rs.7,68,000/-) 2 of 5
Present appeal has been filed seeking enhancement of the aforesaid compensation.
Learned counsel for the appellants does not dispute the income as assessed by the learned Tribunal but submits that increment on account of future prospects should be awarded in terms of the judgment of Hon'ble Supreme Court in [PRECEDENT]. It is further submitted that meagre compensation under the conventional heads has been awarded. It is, thus, prayed that this appeal be allowed and compensation awarded to the appellants be enhanced.
Learned counsel for the respondents submit that income of the deceased has already been assessed on a higher side and the present is a case for reduction of compensation, though it is not denied that no appeal or cross-objections have been filed by the insurance company. Dismissal of the appeal is prayed for.
I have heard learned counsel for the parties and have gone through the record.
There is no dispute regarding death of [ENTITY] in the motor vehicle accident, which took place on 15.03.2012, due to the rash and negligent driving of the offending vehicle, by its driver [ENTITY]-respondent no.1. Finding of the learned Tribunal in this respect has attained finality. There is further no dispute regarding age of the deceased i.e. about 50 years at the time of the accident. Though learned counsel for 3 of 5 the respondents have urged that income as assessed by learned Tribunal should be reduced, I do not find any merit in this argument. Admittedly, no appeal or cross-objections have been filed by the insurance company. Moreover, the evidence on record does not call for any reduction in the income as assessed by the learned Tribunal. Same is accordingly maintained.
In terms of the judgment of Hon'ble Supreme Court in [PRECEDENT], 25% increment towards future prospects is afforded. Deduction of 1/4th and multiplier of 13 has been correctly applied by the learned Tribunal. Same is upheld. Instead of Rs.5,000/- each awarded by the learned Tribunal towards loss of estate and funeral expenses, the claimants are entitled to a sum of Rs.15,000/- each. Appellant no.1-widow of the deceased is entitled to Rs.40,000/- on account of loss of spousal consortium. Appellants no.2 to 4 are entitled to a consolidated sum of Rs.40,000/- as loss of parental consortium, in terms of the judgment of Hon'ble Supreme Court in [PRECEDENT] and decision dated 14.03.2019 of this Court in FAO-2110-2016, titled as [PRECEDENT].
Appellants-claimants are, thus, entitled to compensation which is re-worked as under:-
4 of 5 Sr. Heads of Claim Amount No. 1. Income 76,650/- per annum
2. Total income after addition 76,650 + (76,650 x 25%) of 25% on account of future = prospects 95,813/-
3. 1/4th i.e. Rs.23,953/- 95,813 - 23,953 = deducted as personal 71,860/-
expenses of the deceased
4. Compensation after 71,860 x 13 = 9,34,180/-
applying a multiplier of 13
5. Funeral expenses 15,000/-
6. Loss of estate 15,000/-
7. Loss of spousal consortium 40,000/-
to appellant no.1.
8. Loss of consortium to 40,000/-
appellant nos.2 to 4.
Grand Total Rs. 10,44,180/-
Needless to say, the amount already awarded by the learned Tribunal shall stand deducted from the compensation as detailed above. Claimants shall be entitled to interest at the rate of 7.5% per annum on the enhanced amount from the date of filing of the claim petition till realization. Ratio of apportionment as well as manner of disbursement of compensation amongst the claimants as determined by the learned Tribunal shall remain the same.
Appeal is accordingly disposed of.
April 01, 2019. ( [ENTITY] ) [ENTITY] JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 5 of 5