Charanjit Kaur And ANR. v. Surinder Kaur And ORS.

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (102) Date of decision:- 07.01.2025 Charanjit Kaur and another ... Appellants

Versus

Surinder Kaur and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Ms. Gaganbir Kahlon, Advocate for Mr. Vipin Mahajan, Advocate for the appellants.

None for respondents No.1 and 2.

Mr. Rajnish Malhotra, Advocate for respondent No.3-Insurance Company.

**** SUVIR SEHGAL, J. (ORAL) 1.

Mr. Rajnish Malhotra, Advocate, counsel for respondent No.3 has supplied a copy of the paper-book, which is taken on record. 2.

Instant appeal has been filed under the Motor Vehicles Act, 1988 by the legal representatives of Amarjit Singh-deceased. The appellants have sought enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short "the Tribunal"), Gurdaspur vide award dated 31.07.2008. 3.

Facts leading to the filing of the appeal are that on 26.11.2005, Amarjit Singh was traveling in an Indigo car, which was being driven by Baljinder Singh. The car met with an accident with another car being rashly

-2driven by respondent No.2 at a high speed. Amarjit Singh and Baljinder Singh sustained injuries and they were rushed Civil Hospital, Gurdaspur, from where, they were referred to Amandeep Hospital, Amritsar. Amarjit Singh unfortunately expired on 01.12.2005. An FIR bearing No.228 dated 26.11.2005 was registered for offences under Sections 279, 337, 427 IPC and Section 304A IPC was added later on, on account of death of Amarjit Singh, at Police Station Sadar, Gurdaspur. The appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the accidental death of Amarjit Singh, which has been accepted vide award dated 31.07.2008 and they have been granted compensation of Rs.2,46,800/-, in equal share, along with interest @ 9% per annum from the date of filing of the claim petition.

4.

I have heard counsel for the parties and examined the salvaged record with their able assistance.

5.

On the basis of the evidence adduced, the Tribunal has come to the conclusion that the accident took place on account of rash driving by respondent No.2 and Amarjit Singh succumbed due to the injuries sustained by him in the motor accident. Tribunal found that the offending vehicle was insured under policy, Ex.R-1, and respondent No.2, who was driving the vehicle, did not possess a valid driving license. While accepting the claim petition and granting compensation, the Tribunal granted liberty to the Insurance Company-respondent No.3 to recover the awarded amount from respondent No.2.

6.

On the basis of a salary certificate, Ex.A-25, it stood established that

-3the deceased was drawing monthly salary of Rs.11,100/-. He was also getting pension of Rs. 2750/- per month, which after the death of Amarjit Singh was being drawn by his wife. The deceased was 57 years of age and after making a deduction of 1/3rd amount for his personal expenses, the Tribunal applied a multiplier of 9 and assessed the compensation amount at Rs.1,96,800/-. An amount of Rs.50,000/- spent on medical treatment vide bills, Ex.A-3 to A-24, was also granted to the claimants.

7.

The amount of compensation awarded by the Tribunal deserves to be enhanced as the Tribunal has not passed any award regarding the future prospects, nor has it granted any compensation on account of loss of estate, funeral expenses or loss of consortium. Pension drawn by the deceased has to be included in the compensation. By including these amounts, the compensation payable to the appellants works out as under:- Sr. No. Heads Compensation Awards Monthly Income (salary and pension) Rs.13,850/- Future prospects Rs.2077 (15% of Rs.13,850/-) Deduction towards personal expenditure 1/3rd Rs.4616 (Rs.13850/- X 1/3rd) Total Monthly Income Rs.11311/- (Rs.15,927/- Rs.4616/-) Multiplier Annual dependency Rs.12,21,588/- (Rs.11311/- X 12 X 9) Loss of Estate Rs.18,000/- Funeral expenses Rs.18,000/- Loss of consortium Parental - Rs.48,000/- Spouse - Rs.48,000/- Rs.96,000/- Medical expenses as per bills Rs.50,000/- Total compensation Rs.14,03,588/- Less: Award by MACT Rs.2,46,800/- Enhancement Rs.11,56,788/-

-48.

Accordingly, the appellants are held to an additional compensation of Rs.11,56,788/-, which shall be payable to the appellants with interest at the rate of 6% per annum from the date of the filing of the claim petition. The Insurance Company-respondent No.3 shall be entitled to recover the awarded amount from respondent No.2. Impugned award is modified accordingly. 9.

Appeal is disposed off.

10.

As the main appeal has been decided, pending application(s), if any, is/are disposed off.

(SUVIR SEHGAL) JUDGE 07.01.2025 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No