(O&M) Pushpa Gupta And ANR. v. Dhanno And ORS.

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 29.08.2019 Pushpa Gupta and anr.

...Appellants

Versus

Dhanno & ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. D.K. Tuteja, Advocate for the appellants Mr. Lalit Garg, Advocate for respondent/Insurance Co.

RITU BAHRI J. (Oral) 1.

The present appeal has been preferred by the claimantsappellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Rohtak (for short, 'the Tribunal') to the tune of Rs.03,30,000/- vide impugned award dated 04.12.2006 on account of death of Manish Gupta. 2.

As per claimants, on 15.06.2003, one Pankaj and Manish Gupta went to Delhi. They were returning from Delhi in a Santro Car bearing No. DL-1CH-2529 being driven by Manish Gupta at a moderate speed. At about 9 P.M when the car crossed the police post of Asaudha turning, a tractor trolley bearing registration No. HR-13-7749 came from opposite side and dashed in the car. As a result of impact, Manish Gupta received multiple injuries and died after four hours. F.I.R was duly registered in this regard. 3.

While assessing compensation, the Tribunal took the income of the deceased at Rs.48000/- per annum and 1/3rd was deducted towards personal expenses towards the petitioners for the last 05 years till he was

-2married. After marriage, he could contribute Rs.16000/- per annum for the period of another ten years (Rs.160000+160000=Rs.3,20,000/-). Rs.10,000/- were awarded on account of funeral expenses. The total compensation awarded to the claimants was Rs.03,30,000/-. 4.

The learned counsel for the claimants-appellants contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to the enhanced, as the Tribunal has not awarded future prospects 5.

On the other hand, the learned counsel for the respondentdriver has vehemently opposed the present appeal. 6.

I have heard learned counsel for the parties and perused the record.

7.

It is not in dispute between the parties that the accident had taken place, as the accident had been duly proved by the claimants/appellants. Further the parents are also entitled for compensation of Rs.40,000/- each under the head of loss of filial consortium, in view of judgment of Hon'ble the Supreme Court of India in a case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram, 2018 (4) RCR Civil 837 .

8.

Reference at this stage can be made to a recent judgment of Hon'ble the Supreme Court of India in a case of National Insurance Company Ltd vs. Pranay Sethi and others, passed in Spl Leave Petition (Civil) No. 25590 of 2014, decided on October 31, 2017 wherein the issue with regard to awarding of amount under the conventional heads has been authoritatively decided, while observing as under :- "54. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh. It has

-3granted Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/-loss of consortium and Rs. 1,00,000/- towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect.

Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be fact-centric or quantum-centric.

-4rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.". 09.

In the present case, the compensation is being reassessed as per the judgments mentioned above:- Sr.

No.

Heads Calculations (i) Income Rs.4000/- per month (ii) 40% of (i) above to be added as future prospects= Rs.4000+Rs.1600=Rs.5600/- per month (iii) 1/3rd of (ii) deducted as personal expenses of the deceased= Rs.5600-Rs.1866=Rs.3734/- per month (iv) Compensation after multiplier of 18 is applied Rs.3734X 12 X 18= Rs.8,06,544/- (v) Conventional heads (Loss of estate and funeral expenses) Rs.30,000/- (vi) Loss of filial consortium (parents) Rs.80,000/-(Rs.40,000/- each) (vii) Total Compensation awarded Rs.09,16,544/- Enhanced amount of compensation 09,16,544-03,30,000=Rs.05,86,544/- (rounded off to Rs.05,86,000/-) 10.

The enhanced amount of compensation of Rs.05,86,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants shall also get interest @ 9% in view of judgment of Hon'ble the Apex Court in Civil Appeal No. 4528-2019 titled as Dara Singh @ Dhara Banjara vs. Shyam Singh Varma and ors, decided on 01.05.2019. The remaining conditions of disbursal of amount and recovery rights shall remain unaltered.

11.

Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.

29.08.2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No