FAO No. 1953 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) FAO No. 1953 of 2009 (O&M) Date of decision : 26.2.2010 ... Smt. Geeta ................Appellant vs. Sattu and others .................Respondents 2) FAO No. 1954 of 2009 (O&M) ... Vedu ................Appellant vs. Sattu and others .................Respondents 3) FAO No. 302 of 2010 (O&M) ... Smt. Rekha and others ................Appellants vs. Sattu and others .................Respondents 4) FAO No. 303 of 2010 (O&M) ... Smt. Leela Wati and others ................Appellants vs. Sattu and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Vikas Kumar, Advocate for the appellant(s) Sh. V. Chaudhari, Advocate for the Insurance Company. ... K.C. Puri, J. (Oral) Vide this order, I intend to dispose of FAO Nos. 1953 of 2009, 1954 of 2009, 302 of 2010 and 303 of 2010, as the same arise FAO No. 1953 of 2009 -2- out of common award. There is a delay of 212 days in filing FAO Nos. 1953 of 2009 and 1954 of 2009 and of 540 days in filing FAO Nos. 302 of 2010 and 303 of 2010. Reply of the application for condonation of delay has been filed. The delay in filing the abovesaid appeals stands condoned on the grounds mentioned in the applications. FAO No. 1953 of 2009 This is an appeal directed by Geeta widow of Vijay Pal, claiming compensation on account of death of Vijay Pal in a motor vehicular accident. Sohal Lal- father and Somwati-mother of the deceased have also been arrayed as respondents No. 4 and 5. Learned Tribunal, after appraisal of the evidence accepted the claim petition and granted an amount of Rs.3,47,500/-. The income of the deceased Vijay Pal was taken as Rs.2,500/- per month and in this manner, the total amount calculated was Rs.3,37,500/- by applying the multiplier of 15. The claimants were also held entitled to claim Rs.5,000/- on account of consortium and Rs.5,000/- on account of cremation charges and in this manner an amount of Rs.3,47,500/- was granted. Out of the said amount, Rs.75,000/- each was paid to the father and mother. Feeling dissatisfied with the above said award, the present appeal for enhancement of compensation has been filed. Learned counsel for the appellant has submitted that the income of the deceased is taken as only Rs.2,500/- per month. Even a FAO No. 1953 of 2009 -3- labourer earns Rs.3,200/- per month. But, however, he is fair enough to concede that no such notification has been produced on the file. However, a labourer earns Rs.100/- per day and so in this manner, income of the deceased is taken as Rs.3,000/- per month. The monthly dependency is taken as Rs.2,000/- per month by deducting 1/3rd amount for maintenance of the deceased. So, the yearly dependency comes to Rs. 24,000/- (2000 X 12). The multiplier applicable at the age of 25 years, as per authority reported as Sarla Verma and others vs. Delhi Transport Corporation and another 2009(3) RCR (Civil) 77, is 18. So, the claimants are held entitled to claim Rs.4,32,000/- (24,000 X 18). An amount of Rs.5,000/- has been granted in respect of loss of consortium and Rs.5,000/- in respect of cremation charges. However, counsel for the claimant has submitted that no amount has been granted in respect of transportation expenses and loss of estate. So, Rs.10,000/- more is granted in respect of loss of estate and transportation charges. So, in this manner, the claimants are held entitled to claim Rs.4,52,000/- (4,32,000 + 10,000 (granted by Tribunal) + 10,000 (granted by this Court)). The enhanced amount comes to Rs. 1,05,000/-. Out of this amount Rs.55,000/- shall be paid to the appellant and remaining amount of Rs.50,000/- shall be shared equally by remaining appellants. The enhanced amount shall also carry interest @ 7% per annum from the date of filing of appeal till payment. Liability to pay the amount shall be the same as held by the Tribunal. FAO No. 1954 of 2009 Claimant in this case before the Tribunal were Vedu FAO No. 1953 of 2009 -4- -husband and two major children of deceased Sumitra, claiming compensation on account of death of Sumitra in a motor vehicular accident. Learned Tribunal, after appraisal of the evidence assessed loss to the extent of Rs.1,20,000/- and Rs.5,000/- were granted regarding cremation and in this manner, the husband was held entitled to claim Rs.1,25,000/-. Other claimants i.e. two major children were not held entitled to claim any amount. Major children have not preferred the appeal and only husband has filed the present appeal for enhancement. Learned counsel for the appellant has submitted that the Tribunal has held that deceased was not running any business but her notional income should have been taken. He has relied upon the authority reported as Lata Wadhawa and others vs. State of Bihar and others 2001 (3) PLR 9 and on the strength of the same, it is argued that the Hon'ble Apex Court has held that where the wives are in the age group of 34 to 59, the value of their services rendered should be taken as Rs.36,000/- per annum and the suitable multiplier should be applied. However, Lata Wadhawa 's case (Supra) cannot be made applicable to the facts of the present case as there is nothing on the file to show that deceased was an active lady. As per 2nd Schedule of Section 163 (A) of the Motor Vehicle Act, income of a non-earning person has to be taken as Rs.15,000/- per annum. So, the income of the deceased is taken as Rs.15,000/- per annum and the monthly dependency is taken as Rs.1,000/-. The yearly FAO No. 1953 of 2009 -5- dependency is calculated as Rs.12,000/- ( 1000 X 12). The multiplier applicable at the age of 50 years is 13 and the amount calculated in this manner is Rs.1,56,000/- (12,000 X 13). The Tribunal has allowed an amount of Rs.5,000/- in respect of cremation charges. So, the claimant is also held entitled to claim Rs.10,000/- on account of transportation charges and loss of estate and Rs.5,000/- on account of loss of consortium. In this manner, the claimant is held entitled to claim Rs.1,76,000/- (1,56,000/- + 5,000 + 10,000 + 5,000). So, the amount stands enhanced by Rs.51,000/- The enhanced amount of Rs.51,000/- shall also carry interest @ 7% per annum from the date of filing of appeal till payment. Liability to pay the amount shall be the same as held by the Tribunal. FAO No. 302 of 2010 This is an appeal directed by Rekha widow, Chhaya-minor daughter, Prashant and Devender – minor sons of Chaman Lal claiming compensation on account of death of Chaman Lal in a motor vehicular accident. Learned Tribunal, after appraisal of the evidence accepted the claim petition and granted an amount of Rs.3,60,000/- on account of death of Chaman Lal aged 25 years. The income of the deceased Chaman Lal was taken as Rs.2,500/- per month and in this manner, the total amount calculated was Rs.3,50,000/- by applying the multiplier of 15. The claimants were also held entitled to claim Rs.5,000/- on account of consortium and Rs.5,000/- on account of cremation charges and in this manner an amount of Rs.3,60,000/- was granted. FAO No. 1953 of 2009 -6- Feeling dissatisfied with the above said award, the present appeal for enhancement of compensation has been filed. Learned counsel for the appellant has submitted that the income of the deceased is taken as Rs.2,500/- per month, which is on lower side. It should have been at least that of a labourer i.e. Rs.3,000/- per month. So in this manner, income of the deceased is taken as Rs.3,000/- per month. In this case, claimants are 5 in number. So, the cut of ¼ in respect of personal expenses of deceased stands applied. The monthly dependency is taken as Rs.2,250/- per month by deducting 1/4rd amount for maintenance of the deceased. So, the yearly dependency comes to Rs. 27,000/- (2250 X 12). The multiplier applicable at the age of 25 years, as per Sarla Verma case (Supra), is 18. So, the claimants are held entitled to claim Rs.4,86,000/- (27,000 X 18). An amount of Rs.5,000/- has been granted in respect of loss of consortium and Rs.5,000/- in respect of cremation charges. However, no amount has been granted in respect of loss of estate and transportation. So, Rs.10,000/- more is granted in respect of loss of estate and transportation charges. So, in this manner, the claimants are held entitled to claim Rs.5,06,000/- in all. (4,86,000 + 5,000 + 5,000 + 10,000). The enhanced amount comes to Rs. 1,46,000/- The enhanced amount shall also carry interest @ 7% per annum from the date of filing of appeal till payment. Out of this amount Rs.50,000/- shall be paid to the widow and the remaining amount shall be paid to the remaining claimants in equal share. The amount of the minors shall be deposited in the shape of FDR in such a manner that it shall FAO No. 1953 of 2009 -7- earn maximum rate of interest and they would be entitled to withdraw the amount till they attain the age of majority. Liability to pay the amount shall be the same as held by the Tribunal. FAO No. 303 of 2010 This appeal is directed by Smt. Leela Wati widow, Asha- minor daughter, Sumit-minor son, Sumitra-minor daughter, Kirpa Ram-father and Champa Devi- mother of Shyam Lal claiming compensation on account of death of Shyam Lal in a motor vehicular accident. Learned Tribunal, after appraisal of the evidence accepted the claim petition and granted an amount of Rs.3,53,600/-. The income of the deceased Shyam Lal was taken as Rs.2,500/- per month and in this manner, the total amount calculated was Rs.3,43,600/- by applying the multiplier of 14. The claimants were also held entitled to claim Rs.5,000/- on account of consortium and Rs.5,000/- on account of cremation charges and in this manner an amount of Rs.3,53,600/- was granted. Feeling dissatisfied with the above said award, the present appeal for enhancement of compensation has been filed. The income of the deceased as assessed by the Tribunal is on lower side. Even, a labourer earns Rs.100/- per day and so in this manner, income of the deceased is taken as Rs.3,000/- per month. The claimants are 6 in number. So, keeping in view Sarla Verma case (Supra), the cut of 1/4th stands imposed on account of maintenance of the deceased for himself. In the manner, the monthly dependency is taken as Rs.2,250/- and the yearly dependency comes FAO No. 1953 of 2009 -8- to Rs. 27,000/- (2250 X 12). The multiplier applicable at the age of 35 years, as per Sarla Verma case (Supra) is 16. So, the claimants are held entitled to claim Rs.4,32,000/- (27,000 X 16). An amount of Rs.5,000/- has been granted in respect of loss of consortium and Rs.5,000/- in respect of cremation charges. However, claimants are also held entitled to claim Rs.10,000/- more is granted in respect of loss of estate and transportation charges. So, in this manner, the claimants are held entitled to claim Rs.4,52,000/- (4,32,000 + 10,000 (granted by Tribunal) + 10,000 (granted by this Court)). The enhanced amount comes to Rs. 98,400/-. Out of this amount Rs.50,000/- shall be paid to the widow and remaining amount shall be shared equally by the remaining claimants. The enhanced amount shall also carry interest @ 7% per annum from the date of filing of appeal till payment. Liability to pay the amount shall be the same as held by the Tribunal. In view of the above, all the appeals stand disposed of. ( K.C. Puri ) 26.2.2010 Judge chugh