Rekha Devi & Others v. Madan Lal And Others

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.05.07.2017 Smt. Rekha Devi and others ........Appellants Vs Madan Lal and others ........Respondents

Present:

Mr. Vipan Kumar Sharma, Advocate for Mr. S.M. Sharma, Advocate for the appellants.

Mr. Vipul Sharma, Advocate for Mr. Paul S. Saini, Advocate for respondent No.3.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The appeal is for enhancement of compensation for death of a person namely Amar Singh. He was hit by a truck bearing registration No.CH-01-N-3710 when he was coming on his cycle from Phase-II, Mohali to Sector 41, Chandigarh. The deceased was stated to be earning `2772/- per month as Record Keeper at the time of his death. The claimants are widow and four children.

The Tribunal while assessing the compensation took the income of the deceased at `2800/- per month, applied a cut of 1/3rd towards personal expenses and adopted a multiplier of 13. The Tribunal has provided `5000/- towards loss of consortium, `2500/- and `2000/- towards loss to estate and funeral expenses respectively, in awarding a total compensation of `3,00,700/-.

The contention of learned counsel for the appellants is that the Tribunal has not assessed the compensation in view of the parameters laid down by Hon'ble Supreme Court in Sarla Verma Vs. Delhi Transport

-2Corporation and another 2009(6) SCC 121, as a cut of 1/3rd towards personal expenses is not correct in a case where the dependents are five in number, much less, did not provide future prospect of increase and loss of love and affection, thus, the amount of compensation is required to be enhanced by modifying the award.

On the contrary, Mr. Vipul Sharma for Mr. Paul S. Saini, learned counsel appearing on behalf of the insurance company contends that the Tribunal has taken care of all the heads of claim and the award is perfectly legal and justified.

I have heard learned counsel for the parties and appraised the paper book. In my view, the Tribunal has not assessed the compensation as per the formula laid down by Hon'ble Supreme Court in Sarla Verma's case's (supra). The amount of compensation is required to be re-assessed and the same is tabulated as under:- FATAL ACCIDENT Age 48 years Occupation Record Keeper Claimants Widow and four children Heads of claim Tribunal High Court Sl. No.

Amount (Rs) Amount (Rs.) Income Add, % of increase 30% -- Less, Deduction 1/4th 1/3rd Multiplicand (annualized by multiplying 12) 22,400 32,760 Multiplier Loss of dependence 2,91,200 4,25,880 Medical Expenses & Transportation -- -- Loss of Consortium 1,00,000 Loss of love and affection @ Rs.50,000/- each child -- 2,00,000 Loss to estate 10,000 Funeral expenses Total 3,00,700 7,40,880

-3The total compensation payable shall be `7,40,880/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @6% from the date of filing of the appeal till the date of realization. The liability shall be on the insurance company as fixed by the Tribunal. The enhanced amount of compensation shall be distributed equally in favour of the claimants.

The award is modified and the appeal is allowed to the above extent.

(AMIT RAWAL) JUDGE July 05, 2017 Pankaj* Whether reasoned/speaking Yes Whether reportable No