Iffco Tokio General Insurance Company Ltd v. Santosh Devi And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : July 08, 2022 Iffco Tokio General Insurance Company Limited .....Appellant Vs.

Santosh Devi and others ..Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Yogesh Gupta, Advocate for the appellant.

ARVIND SINGH SANGWAN, J. (Oral) The present appeal has been filed by challenging the award dated 4.4.2022 vide which the respondent-claimants, being LRs of deceased Mange Ram, who died in a motor vehicle accident on 22.1.2019 were granted compensation to a tune of Rs.18,61,048/-, along with interest @ 6% per annum till its realization. The Tribunal while assessing the just and fair compensation has made the following calculations :- Sr.No.

Head of Compensation Amount (Rs.) 01.

Income per month 11,371/- 02.

40% of above Income to be added as future prospects (11.371 x 25/100 = 2842.75 2,842.75p.

03.

Less deduction of 1⁄4 on account of personal expenses of deceased 11,371+2842.75 (14,213.75 x 1⁄4 = 3553.4375) 3553.4375/-

-204.

Multiplicand (Income + Future prospects) - deductions [14,213.75-3553.4375) = Rs.10660.3125/- )Rs.10,660/-] 10,660/- 05.

Yearly Income (10,660 x 12 = 1,27,920/-) 1,27,920/- 06.

Multiplier as per Smt. Sarla Verma's case 07.

Loss of dependency (Multiplicand x Multiplier) = 1,27,920 x 14 = 17,90,880/- 17,90,880/- 08.

Loss of estate 15,000/- 09.

Loss of consortium 40,000/- 10.

Funeral expenses 15,000/- 11.

Total (17,90,880/-+15,000 +40,000+ 15,000 = 18,60,880/-) 18,60,880/- Counsel for the appellant has argued that the Tribunal has granted excessive compensation as the deceased was unskilled worker. The Tribunal fell in error by taking the monthly income of the deceased Rs.11,371/- p.m., whereas the minimum wages for the unskilled worker on the date were Rs.8,827/- p.m. It is next argued that the age of the deceased has been taken to be 45 years as per the post-mortem report, whereas the Aadhar Card reflects the age as 52 years and, therefore, the multiplier of 14 has been wrongly applied. It is also argued that the Tribunal has wrongly allowed 25% increase of the income with regard to future prospects of the deceased and instead of 1/4th taking the dependency, the Tribunal should have deduct 50% of the income assessed.

After hearing the counsel for the appellant, I find no merit in this appeal.

-3The Tribunal has recorded a finding that the deceased was working as a Halwai and the claimant placed on record document Ex.PA to show that his income was approximately Rs.2,50,000/- to Rs.3,00,000/- per annum.

The argument of the appellant that a Halwai is unskilled labourer do not find force as the Tribunal has rightly taken the income of the deceased as Rs.11,371/- by not treating him to be an unskilled worker. With regard to age, claimant Santosh Devi had filed her affidavit Ex.PW1/A which stands proved in the light of the document Ex.P5 and there was no rebuttal of the same. Therefore, the Tribunal by taking the age of the deceased as 45 years has rightly applied the multiplier of 14 in terms of the judgment of the Hon'ble Supreme Court passed in Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009 (6) SCC 121 and National Insurance Company Limited Vs. Pranay Sethi and other, 2017 (4) RCR (Civil) 1009 and, therefore, this Court finds that the trial Court has assessed the just and fair compensation to the respondent-complainant. The present petition is, therefore, stands dismissed. ( ARVIND SINGH SANGWAN ) July 08, 2022 JUDGE satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO