FAO No.302 of 1993 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. FAO No.302 of 1993 DATE OF DECISION: March 4, 2011 STATE OF PUNJAB ...APPELLANT VERSUS BACHAN KAUR ETC. ...RESPONDENTS PRESENT: MR. H.S. GILL, DAG, PUNJAB. NONE FOR RESPONDENTS NO.1 TO 4. MR. A.P. SETIA, ADVOCATE FOR MR. SANJAY KAUSHAL, ADVOCATE FOR RESPONDENTS NO.5 TO 7. 2. FAO No.303 of 1993 STATE OF PUNJAB ...APPELLANT VERSUS SAMPURAN SINGH ETC. ...RESPONDENTS PRESENT: MR. H.S. GILL, DAG, PUNJAB. NONE FOR RESPONDENTS NO.1 TO 8. MR. A.P. SETIA, ADVOCATE FOR MR. SANJAY KAUSHAL, ADVOCATE FOR RESPONDENTS NO.9 TO 11. 3. FAO No.304 of 1993 STATE OF PUNJAB ...APPELLANT VERSUS RAJ KUMAR ETC. ...RESPONDENTS PRESENT: MR. H.S. GILL, DAG, PUNJAB. NONE FOR RESPONDENTS NO.1 TO 3. MR. A.P. SETIA, ADVOCATE FOR MR. SANJAY KAUSHAL, ADVOCATE FOR RESPONDENTS NO.4 TO 6. FAO No.302 of 1993 -2- 4. FAO No.1525 of 1993 STATE OF PUNJAB ...APPELLANT VERSUS SUSHILA SHARMA ETC. ...RESPONDENT CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. H.S. GILL, DAG, PUNJAB. NONE FOR RESPONDENTS NO.1 TO 8. MR. A.P. SETIA, ADVOCATE FOR MR. SANJAY KAUSHAL, ADVOCATE FOR RESPONDENTS NO.9 TO 11. K.KANNAN, J. 1. In a collision between the vehicles that took place on 28.1.1988, on Chandigarh-Kharar road belonging to Chandigarh Transport Undertaking (CTU) and Punjab Roadways, a pedestrian by the name of Joginder Singh and 3 passengers of the Punjab Roadways bus, namely, Surjit Singh (48 years), Sudershan Kumar Tara (45) and Nirmal Singh (20) died and the two injured persons who had come before Tribunal seeking for compensation were Raj Kumar Arora (28 years) and Naresh Kumar (40 years). They were also passengers in the roadways bus. None in the bus of CTU bus received any injury and the claimants contended that the CTU bus was trying to overtake a truck and came to the wrong side of the road and hit the roadways bus, as a result of which, the bus hit the tree and turned turtle on the right side. It was contended by the claimants that CTU bus was being driven in a rash and negligent manner and it was the impact of CTU FAO No.302 of 1993 -3- bus on the Punjab roadways bus that caused the accident. The driver of CTU bus was examined as RW-1 and the driver of Punjab Roadways was examined as RW-3. Some other passengers of both the buses were examined trading charges against the driver of other vehicle. The Tribunal reasoned that the evidence of both the drivers were liable to be ignored for, that they had their reasons exculpating themselves and sifting the evidence of independent witnesses like PW17 Pritam Singh and Babu Ram PW7 alongside the photograph produced as PW5/1 to 6 that showed that bus had dashed against a tree and lay on one side, while CTU bus had scratches along its length on the right side, the Court found that both the drivers of the bus were responsible for the accident in equal measure. I find the reasoning of the Tribunal to be convincing and correct and will make nothing of the contentions of the learned counsel appearing on behalf of the appellant Punjab Roadways that the accident had taken place wholly due to the negligence of CTU bus driver. 2. The point that arises for consideration in the appeal is therefore, only the adequacy of the compensation awarded to the respective claimants. 3. FAO No.302 of 1993 is against the award passed in favour of legal representatives of the deceased Nirmal Singh to whom an award of `2,31,680/- with interest had been passed. The deceased was Nirmal Singh who was employed as Police Constable in Punjab Armed Police Service. His proved income was 1700/-. The claimants were widowed mother and a dependent brother on the basis of the fact that the deceased was just 20 years of age and he was supporting his widowed mother and a young brother who was getting to be trained as motor mechanic, the Tribunal accepted the contention that he would have contributed at `1000/- to his FAO No.302 of 1993 -4- mother and brother, adopted a multiplier of 19.14 and determined the compensation of `2,29,680/- and further granted `2000/- for funeral expenses to total it to `2,31,680/-. If the compensation were to be reworked on the basis that he would have definitely obtained increase in salary over a period of years at least 50%, his average salary must be taken as `1890/- and taking the contribution at 2/3rd of income to the family that there were truly special circumstances that should have been taken for a higher contribution to the family in view of the fact that the the mother was young widow and younger brother had to be supported to help him find his own employment, and a multiplier of 18 were to be adopted and a further provision is also to be made for funeral expenses, loss of love and affection for the son and loss to estate, the amount will approximate to the amount determined by the Tribunal at `2,31,680/-. I will not, therefore, make any alteration with reference to the compensation as determined by the Tribunal. I confirm the award and dismiss the appeal. 4. FAO No.303 of 1993 is against the assessment of compensation for `1,13,142/- for death of one Surjit Singh. The claimants were his widow, three minor children and parents. The deceased was 48 years of age and was said to be employed as Guard in the office of Sub Divisional Engineer. He had proved his income as `968/- and the contention of the claimants were that he drew a military pension of `424/- and augmenting his income by selling milk and making an income of `600/- per month. The salary certificate had been filed as PW10/A. The Tribunal observed that he must have spent the pension for himself and would have contributed substantially the remaining portion of the amount for the benefit of his large FAO No.302 of 1993 -5- family. It took the contribution to the family at `12,516/- annually, adopted a multiplier of 8.88. If at all there is ground for enhancement of the claim, the Tribunal was adopting a multiplier less than what has been suggested by the decision of the Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121. The over-all compensation of `1,13,142/- is itself grossly low and there is no scope for further reduction of the compensation as awarded by the Tribunal. The appeal by the State is wholly vexatious and is dismissed. 5. FAO No.304 of 1993 is against the award of compensation of `1,62,400/- for the injuries suffered by the claimant in the accident. He was 28 years of age and was working as Service Incharge with Forbes & Campbell Company, Chandigarh on a salary of `2000/-. He had suffered multiple grievous injuries and also fractures on both his legs. He had been treated at PGI and the evidence was adduced through the claimant as PW2 and by Dr.B.S.Aggarwal, who spoke about the fact that bones had not united properly inspite of that there had an open reduction and implant of plates. While assessing the compensation, the Tribunal provided for `4400/- for plaster of paris, `13,000/- for medical expenses and provision for attendant @ `400/- for 7 months. There was also evidence to the effect that the plate would have to be removed and that it would cost about `30,000/-. The Doctor certified that there was a shortening of limb by one inch and that disability that the patient had was permanent which he assessed at 15%. The Tribunal had in the manner of assessment provided for fairly adequate sums towards pain & suffering at `1,10,000/-. In my view, the appropriate component for pain & suffering for surgical open reduction and prolonged FAO No.302 of 1993 -6- treatment for about 7 months would have merited a claim for about 25,000/- and for permanent disability the claim could have been provided for another `25,000/-. All other heads which the Tribunal had provided for, namely, the treatment expenses, including cost of medicines and consultation charges, his loss of income, transportation and special diet shall be retained and the compensation would require to be lessened by `60,000/- to the extent to which it provides for pain & suffering in each of the legs at `55,000/-. The appropriate compensation would be `1,02,400/- and the amount is bound to be reduced by another `60,000/-. It is seen from the record that there had been a stay of operation and 75% of the amount had been ordered to be deposited. It is not very clear whether the amount was deposited and whether the amount had been withdrawn. If the amount had been deposited and 75% of the amount has already been withdrawn since it would be slightly in excess of what has been determined above, no further amount would be required to be paid. The amount already withdrawn will be taken as completely satisfying the claim. If, on the other hand, the amount had not been deposited and the claimant had the benefit of recovery, the amount recovered by him in excess of `1,02,400/- would require to be repaid to the appellant. The appeal is allowed with such modifications to the award as referred to above. 6. FAO No.1525 of 1993 addresses the compensation for the death of one Sudharshan Kumar Tara who was 45 years. The deceased was an Assistant in the office of Director of Agriculture, Haryana earning `2292/- and the claimants were widow and 5 children. The Tribunal took the contribution to the family at `2000/- and adopted a multiplier of 10.45 for the deceased. The Tribunal did not make provision for prospects of FAO No.302 of 1993 -7- increase in slaary and the choice of multiplier was even less than what was suggested in Sarla Verma vs. DTC, reported as 2009 6 SCC 121. The compensation assessed at `2,52,000/- was modest for the conventional heads of claim the loss of consortium, loss to estate, etc. There is no scope for reduction of compensation. The appeal is frivolous. It is dismissed. March 4, 2011 (K.KANNAN) Gulati JUDGE