IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) [CASE NUMBER] (O&M). Date of Decision: 28.10.2013. [ENTITY] and others Appellants Versus [ENTITY] and others Respondents
(2) FAO No.7229 of 2011 (O&M). Date of Decision: 28.10.2013. [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. Ms. [ENTITY], AAG Haryana. [ENTITY].J (ORAL)
This judgment shall dispose of aforementioned two appeals arising out of the same accident.
2. These claimants' appeals are directed against the Award dated August 30th, 2011 passed by Motor Accident Claims Tribunal, SAS Nagar (Mohali) (for short "the Tribunal").
3. On June 28 , 2010 [ENTITY] along with his wife [ENTITY] was going from Chandigarh to Banur on a scooter. They were followed by [ENTITY] and [ENTITY] on seperate motorcycle. When they reached in front of [ENTITY] Nabha, bus bearing No. HR-64-1777, being driven in a rash and negligent manner by [ENTITY], came from opposite side, steered towards its wrong side and struck against the scooter of [ENTITY]. The duo fell down and received multiple injuries. They were taken to Government Medical College & Hospital, Sector 32, Chandigarh where they were [ENTITY] declared brought dead.
4. The children and parents of [ENTITY] filed separate claim applications under [SECTION] of the [ACT] seeking compensation on account of deaths of the deceased.
5. Firstly the case of [ENTITY] is taken up. It was pleaded that the deceased was 42 years at the time of his death. He was a labourer. He used to prepare earthen utensils and sell the same in the market. He was earning Rs.12,000/- per month.
6. No evidence worth the name was led to prove the income of the deceased. Applying guess work, the Tribunal held his rd income at Rs.4000/- per month. Deduction of 1/3 was made therefrom for personal and living expenses of the deceased and the dependency was assessed at Rs.2700/- per month. Multiplier of 14 was applied and the loss of dependency was assessed at Rs.4,53,600/-. A sum of Rs.20,000/- was awarded for funeral expenses and loss of estate etc. In all, compensation of Rs.4,73,600/- was awarded to the claimants.
7. Learned counsel for the appellants has urged that in the year 2010 even a labourer could ordinarily earn Rs.5000/- per month. He has further urged that no addition for future prospects was given by the Tribunal. The family of the deceased comprised th six members so, deduction of 1/5 should have been made.
8. The submissions are persuasive. This Court holds the income of the deceased at Rs.5000/- per month. Addition of 30% is given to his income for future prospects in view of the judgment of the Hon'ble Supreme Court rendered in [PRECEDENT]. The figure comes to Rs.6500/- (5000+1500). The family of the deceased consisted of two sons, two daughters and the parents. So, th deduction of 1/5 is made from the income of the deceased for personal and living expenses of the deceased and the dependency is held at Rs.5200/- per month. Multiplier of 14 is applied and the loss of dependency is assessed at Rs.8,73,600/- (5200x12x14).
9. A sum of Rs.25,000/- is awarded to each unmarried child viz. [ENTITY], [ENTITY] and [ENTITY] for loss of love and affection. Thus, the claimants-appellants are held entitled to total compensation of Rs.9,68,600/- on account of death of [ENTITY].
10. Now coming to the case of Smt. [ENTITY], the Tribunal held her income at Rs.36,000/- per annum considering her to be a housewife. She was 38 years old. So, multiplier of 12 was applied and the loss of dependency was assessed at Rs.4,32,000/-. A sum of Rs.20,000/- was awarded for funeral expenses and loss of estate etc.
11. Learned counsel for the appellants has urged that since the deceased was aged 38 years so, multiplier of 12 has been wrongly applied whereas in this case multiplier of 15 should have been applied in view of [PRECEDENT].
12. The submission has substance. Multiplier of 15 is applied and the loss of dependency is assessed at Rs.5,40,000/- (3000x12x15).
13. A sum of Rs.25,000/- is awarded to each unmarried child viz. [ENTITY], [ENTITY] and [ENTITY] for loss of love and affection. Thus, the claimants-appellants are held entitled to total compensation of Rs.6,35,000/-/- on account of death of Smt. [ENTITY].
14. The interest on the enhanced amounts of compensation shall be paid from the date of filing claim applications till the amounts were deposited by the insurance company under the impugned Award at the same rate of interest as was awarded by the Tribunal.
15. The appeals are disposed of in the manner indicated above.
28.10.2013. ([ENTITY]) SN JUDGE Whether Refer to reporter : Yes/No