[CASE NUMBER] (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] CM-17332-CII-2016 in/and [CASE NUMBER] Date of decision: 25.11.2019 Smt. [ENTITY] and others Appellants Versus [ENTITY] and others Respondents CORAM: HON'BLE MS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the appellants. Mr. [ENTITY], Advocate, for respondent No.3-Insurance Company. [ENTITY] J. (Oral)
CM-17332-CII-2016 Documents (Annexures A-1 to A-5) are taken on record. Misc. application stands allowed accordingly. [CASE NUMBER] For the reasons mentioned in the application, same is allowed and the main appeal i.e. [CASE NUMBER] is taken up today itself for its disposal.
This appeal has been filed by the claimant-appellants seeking enhancement of compensation awarded by Motor Accident Claims Tribunal (Adhoc) Fast Track Court, Rewari (hereinafter referred to as 'the Tribunal') vide award dated 30.09.2009 on account of death of [ENTITY] in a motor vehicular accident which took place on 04.03.2005. Appellant No. 1 is widow, appellant Nos.2 & 3 and respondent No.4 are children of deceased-
1 of 4 [ENTITY].
FACTS NOT IN DISPUTE Brief facts of the case are that on 04.03.2005, at about 8.30 A.M., [ENTITY] (since deceased) was going towards his shop on a motorcycle No. HR-36-F-2102 from his house. When he reached at Pargati Chowk, Rewari, a truck No.GJ-18-U-6100 being driven by respondent No.1 in a rash and negligent manner, came and hit the motorcycle of [ENTITY] and run over his head. As a result of which accident, [ENTITY] died at the spot. With regard to the incident, FIR No.44 dated 04.03.2005, under Sections [SECTION] [ACT] was registered against respondent No.1 on the statement of [ENTITY] son of [ENTITY]. Consequently, the claimant- appellants filed a claim petition before the Tribunal. COMPENSATION ASSESSED BY THE MACT On the basis of evidence led by the parties, the Tribunal came to a conclusion that the accident had taken place on account of rash and negligent driving of the offending vehicle by its driver, which resulted into the death of [ENTITY]. This finding was rightly given on the basis of deposition of [ENTITY] (PW-1), who was eye witnesses of the accident and on whose statement, FIR was registered. Apart from this, claimants have also proved on record copy postmortem report of deceased as Ex.P1.
In the absence of any documentary evidence, income of the deceased was assessed as Rs.10,000/- per month, out of which, one-third (1/3rd) amount was deducted towards his personal expenses. By doing so, the total income of deceased came to Rs.6700/- per month i.e. Rs.80,400/- per annum. As per postmortem report, deceased was 50 years of age at the time of death/accident. Multiplier of 11 was applied by the tribunal. After 2 of 4 applying the multiplier of 11, dependency of claimants came to Rs.8,84,400/- (80,400/- x 11). In addition to it, Rs.15,600/- were awarded on account of consortium and misc. expenses. Hence, the claimants were found entitled to total compensation of Rs.9,00,000/-, along with interest @ 7.5% per annum from the date of filing of the petition till realization. Feeling dissatisfied with the impugned award, the claimant-appellants have preferred the present appeal.
REASSESSED COMPENSATION I have heard learned counsel for the parties and perused the case file.
The fact of accident is admitted and proved. It stands established that the deceased has died as a result of the accident. There is no dispute with regard to finding given by Tribunal on issue No.1 that the accident had taken place on account of rash and negligent driving of offending vehicle by its driver. In the peculiar facts and circumstances of the case, to meet the ends of justice, the compensation is hereby reassessed in view of the judgments passed by Hon'ble the Supreme Court in [PRECEDENT], [ENTITY] Limited vs. Pranay Sethi and others, [CASE NUMBER] (decided on 31.10.2017), and [PRECEDENT], as under:-
Sr. HEADS CALCULATIONS No. (i) Income Rs.10,000/- per month (ii) 10% of (i) above to be added as future 10,000 + 1000 = prospects Rs.11,000/- 3 of 4 (iii) 1/3rd of (ii) above is deducted as 11,000 - 3666 = Rs.7334/- personal expenses of the deceased (iv) Compensation after multiplier of 13 is Rs.7334/- x 12 x 13 = applied Rs.11,44,104- (v) Loss of estate Rs.15,000/- (vi) Funeral expenses Rs.15,000/- (vii) Loss of consortium to the widow i.e. Rs.40,000/- appellant No.1.
(viii) Loss of filial consortium to the Rs.1,20,000/- (Rs.40,000/-
children i.e. appellant Nos.2 & 3 and each) respondent No.4.
(ix) TOTAL COMPENSATION Rs.13,34,104/- AWARDED (x) Enhanced amount of compensation Rs.13,34,104 - 9,00,000 = Rs.4,34,104/-
The enhanced amount of compensation of Rs.4,34,104/- shall be payable within a period of two months from the date of receipt of certified copy of this order. The enhanced amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization, in view of the judgment of Hon'ble the Supreme Court in the case of "[PRECEDENT] [CASE NUMBER]) (decided on 01.05.2019). It is being clarified that initially, respondent No.3- [ENTITY] being insurer of the offending vehicle will indemnify/pay the amount of compensation to the claimants and thereafter, it shall recover the same from driver/owner of the said vehicle. Remaining conditions of disbursal of amount shall remain unaltered.
Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.
([ENTITY]) JUDGE 25.11.2019 ajp Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 4 of 4