Ranjit Kaur v. Devinder Kumar And Others

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.18.02.2016 Ranjit Kaur .......Appellant Vs.

Davinder Kumar and others ......Respondents 2.

C.R. No.427 of 2002 National Insurance Company Limited .......Appellant Vs.

Ranjit Kaur and others ......Respondents

Present:

Mr. D.D. Bansal, Advocate for the appellant in FAO No.2483 of 1998 and for the respondents in C.R. No.427 of 2002.

Mr. Neeraj Khanna, Advocate for the petitioner in C.R. No.427 of 2002 and for the insurance company in FAO No.2483 of 1998. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The appeal in FAO No.2483 of 1998 is at the instance of the claimants seeking for enhancement of compensation. There was an application filed by the insurance company for review of the order stating that the Tribunal was unjustified in assessing compensation at `1,68,000/- and also providing for `50,000/- in addition to the amount determined under Section 140 of the Motor Vehicles Act. The review

-2application was dismissed and the revision petition in C.R. No.427 of 2002 is against the said order. There is also cross objection by the insurer against the assessment of compensation. 2.

The scales of compensation have become fairly certain thanks to the decision of the Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121 and subsequent decision in Rajesh v .

Rajbir Singh , (2013) 9 SCC 54 that has enhanced the claims for loss of consortium and loss of love and affection and I will rework the compensation on the scales provided now. I will not make any modification with reference to the income as taken by the Tribunal but I will surely make possible a prospect of increase at 50% and tabulate the several heads of claims as under:- FATAL ACCIDENT 15.09.1995 Age 28 years Occupation Labor work/truck driver Claimants Mother Heads of claim Tribunal High Court Sl. No.

Amount (Rs) Amount (Rs.) Income Add, % of increase 50% Less, Deduction Multiplicand (annualized by multiplying 12) 16200 Multiplier Loss of dependence 2,75,400 Medical Expenses & Transportation Loss of Consortium Loss of love and affection 25000 Loss to estate Funeral expenses Total 1,68,000 3,10,000

-33.

The total compensation payable shall be `3,10,000/- and the amount in excess over what has already been provided by the Tribunal shall also attract interest @6% from the date of petition till the date of payment. The amount of `50,000/- already assessed under no fault liability will be taken as part of the compensation which is now assessed at `3,10,000/-.

4.

The award passed by the Tribunal is modified and the appeal in FAO No.2483 of 1998 filed by the claimants and C.R. No.427 of 2002 filed by the insurance company are allowed to the above extent. Cross objection filed by the insurance company challenging the assessment of compensation is dismissed.

(K. KANNAN) JUDGE February 18, 2016 Pankaj*