Saroopi Devi And ORS v. Sagar Kumar And ORS

[ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 05.12.2019 Saroopi Devi and others ..................................................Appellants

VERSUS

Sagar Kumar and others ............................................... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

Present:

Mr. B.S.Walia, Advocate for the appellants.

Mr. Mayank Gupta, Advocate for Mr. Vinod Gupta, Advocate for respondent No.3.

...

MANJARI NEHRU KAUL, J.

The claimants-appellants are in appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Ambala, vide its Award dated 07.12.2001 with regard to the death of Joginder Singh in an accident which took place on 19.06.1999 with a truck bearing registration No. CH-01V-2385 which came from the rear side and hit the bicycle of Joginder Singh resulting in his sustaining multiple injuries leading to his death.

The Tribunal awarded compensation to the tune of Rs.3,05,700/- as detailed below:- S.No.

Heads compensation (Amount in Rs.) Income after deducting personal living expenses of the deceased 18,668.00

[ 2 ] S.No.

Heads compensation (Amount in Rs.) Dependency after applying multiplier of 16 18,668 x 16=2,98,688/- Loss of consortium to wife of the deceased i.e. appellant No.1 5,000.00 Funeral expenses 2,000.00 Total 3,05,688/- rounded off to 3,05,700/- Learned counsel for the claimants/appellants challenged the award passed by the Tribunal primarily on the ground that the learned Tribunal erred in not granting any compensation qua future prospects and other conventional heads besides also wrongly assessing the income of the deceased as Rs.2,000/- per month.

After hearing submissions of the learned counsel for the parties and perusing the impugned award, I am in agreement with the submissions of the learned counsel for the appellants that the compensation needs to be reassessed in light of the judgments of the Supreme Court in National Insurance Company Ltd. v. Pranay Sethi 2017 SCC 1270 and Magma General Insurance Co. Ltd. v. Nanu Ram alias Chuhru Ram & ors.2018

(4) R.C.R. (Civil).

In view of the above, the amount of compensation is reassessed as under:- S.No.

Heads Compensation (Amount in Rs.) Income of the deceased 2,000/-x12=24,000/- per annum Income after deducting 1/4th as personal living expenses of the deceased 24,000 - 6,000 = 18,000/- Total income after addition at the rate of 40% on account of future prospects 18,000 + 40% = 25,200/- Dependency after applying multiplier of 16 25,200x16 = 4,03,200/- Loss of estate 15,000/- Funeral expenses including transportation 15,000/- Loss of consortium to widow 40,000/- Filial consortium to the mother 40,000/- Parental consortium to three children 40,000 x 3 = 1,20,000/- TOTAL of Sr.No. 4 to 9 6,33,200/-

[ 3 ] Needless to say, the amount already awarded by the learned Tribunal shall stand deducted from the compensation as detailed above. The claimants shall be entitled to interest @ 9% per annum on the enhanced amount, from the date of filing of the claim petition till realisation. The petition stands modified in the above terms. Appeal is disposed of accordingly.

( MANJARI NEHRU KAUL ) JUDGE 05.12.2019 rupi Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No