High Court of Punjab and HaryanaFAO/5297/2009disposed of

Harwinder Kaur Etc. v. Nirbhai Singh Etc.

2024-09-19Mr. Justice Deepak Gupta8 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Reserved on: 17.09.2024

Pronounced on: 19.09.2024 I.

KARAMJIT KAUR AND OTHERS . . . .APPELLANTS Vs.

NIRBHAI SINGH @ BHOLA AND OTHERS . . . . RESPONDENTS **** II.

MANDEEP SINGH AND OTHERS . . . .APPELLANTS Vs.

NIRBHAI SINGH @ BHOLA AND OTHERS . . . . RESPONDENTS **** III.

BAGGA SINGH . . . .APPELLANT Vs.

NIRBHAI SINGH @ BHOLA AND OTHERS . . . . RESPONDENTS **** IV.

HARWINDER KAUR AND OTHERS . . . .APPELLANTS Vs.

NIRBHAI SINGH @ BHOLA AND OTHERS . . . . RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. M.K. Singla, Ms. Shikha Singla and Mr. Dinesh Kumar, Advocates, for the appellants. Mr. Pardeep Goyal and Ms. Simran, Advocates, for respondent No.3-Insurance Company DEEPAK GUPTA, J.

These four appeals have arisen out of common award dated 01.06.2009 passed by learned MACT, Sangrur. Though as many as seven claim pe00ons were filed arising out of same motor vehicular accident resul0ng into the common award dated 01.06.2009, but only the claimants of four of the claim pe00ons have approached this court by way of present appeals, seeking enhancement in compensa0on.

Motor vehicular accident had taken place on 21.02.2008. Claimants /appellants do not dispute the factum of the accident or any other finding of the Tribunal except to the extent of quantum of compensa0on. Even on the aspect of assessing the compensa0on amount in all the four appeals, the only plea raised by learned counsel for the claimants-appellants is that the compensa0on under the tradi0onal heads of loss of estate and funeral expenses have not been awarded. Besides, no future prospectus were added in the total income of the deceased and the loss of consor0um or filial consor0um was not adequately granted.

3.1 Ld. counsel for the appellants-claimants has prayed for enhancing the compensa0on in the light of the law explained by Hon'ble Supreme Court in "Sarla Verma and others v. Delhi Transport Corporaon and another", (2009) 6 Supreme Court Cases 121; "Naonal Insurance Company Limited v. Pranay Sethi and others" 2017(4) RCR (Civil) 1009 and "Magma General Insurance Company Ltd. v. Nanu Ram @ Chuhru Ram and others", 2018(18) SCC 130 and "N. Jai Shree and others Vs. Chola Mandalum M.S. General Insurance Company Ltd." 2021 (4) RCR (Civil) 642. 3.2 Learned counsel for the Insurance Company has very fairly con-

ceded that compensa0on amount needs to be enhanced, as no compensa0on has been awarded under the tradi0onal heads and also for the loss of consor0um. I have heard ld. counsel for both the par0es. Although the income of the four deceased in these four cases appear to have been taken on lesser side, but counsel for the claimants-appellants does not dispute the income of the deceased and has requested to enhance the compensa0on by taking the income as such, as has been taken into considera0on by the Tribunal.

6.1 In FAO-5293-2009 'Karamjit Kaur and others Vs. Nirbhai Singh @ Bhola', deceased Jaswinder Singh was aged 29 years. There are five claimants. The Tribunal has assessed the total compensa0on to be ₹7,27,000/- by taking the monthly income of the deceased at ₹5000/- and taking the mul0plier of 18.

6.2 In FAO-5294-2009 'Mandeep Singh and others Vs. Nirbhai Singh @ Bhola' deceased Inderjit Kaur was aged 33 years. There are three claimants. The Tribunal has assessed the total compensa0on at ₹4,10,000/- by taking the monthly income of the deceased as ₹5000/- and applying the mul0plier of 17. 6.3 In FAO-5295-2009 'Bagga Singh and another Vs. Nirbhai Singh @ Bhola', deceased Sinder Kaur was aged 34 years. There are two claimants. The Tribunal has assessed the total compensa0on of the amount of ₹3,67,000/- by taking the monthly income of the deceased as ₹3000/- and taking the mul0plier to be 15.

6.4 In FAO-5297-2009 'Harwinder Kaur and others Vs. Nirbhai Singh @ Bhola' deceased Supinder Singh was aged 32 years. There are three claimants. The Tribunal has assessed the total compensa0on at ₹5,51,000/- by taking the monthly income of the deceased as ₹4,000/- and applying the mul0plier of 17. Keeping in view the latest legal posi0on as explained by Hon'ble

Supreme Court in Sarla Verma; Pranay Sethi; and Nanu Ram @ Chuhru Ram (supra), the re-worked amount of compensa0on will be as under: - I. FAO No.5293 of 2009 (Karamjit Kaur and others v. Nirbhai Singh @ Bhola and others) Deceased Jaswinder Singh Age - 29 years Number of claimants - 5 CompensaEon awarded by MACT (in ₹) assessed by this Court (in ₹)

1. Monthly earning of deceased 5,000/- 5,000/-

2. Annual Income 60,000/- 60,000/-

3. Deduc0on for self expenses 1/4

4. Annual income a@er deduc0on for self expenses 60,000 - 20,000 = 40,000/- 60,000 - 15,000 = 45,000/-

5. A@er adding future prospects of 40 % 45,000 +18,000/- = 63,000/-

6. Mul0plier

7. Compensa0on 40,000 x 18 = 7,20,000/- 63,000 × 17 = 10,71,000/- 8 Loss of estate

9. Funeral expenses

10. Loss of consor0um 48,000 x 2 = 96,000/- 5,000/- 48,000 x 2 = 96,000/- 48,000 Total = (2,40,000/-) 7,27,000/- 13,47,000/- Enhanced compensaEon 6,20,000/-

II. FAO No.5294 of 2009 (Mandeep Singh and others v. Nirbhai Singh @ Bhola and others) Deceased Inderjit Kaur awarded by MACT assessed by this Court (in ₹) Age - 33 years Number of claimants : 3 (in ₹) 1.

Monthly earning of deceased 3,000/- 3,000/- Annual Income 36,000/- 36,000/- 3.

Deduc0on for self expenses Annual income a@er deduc0on for self expenses 36,000 - 12,000 = 24,000/- 36,000 - 12,000 = 24,000/- A@er adding future prospects of 40 % 24,000 +9,600 = 33,600/- 6.

Mul0plier Compensa0on 24,000 x 17 = 40,8000/- 33,600 × 16 = 5,37,600/- 8.

Loss of estate Funeral expenses 10.

Loss of consor0um 48,000 x 3 = 1,44,000/- Total = (1,44,000/-) 4,10,000/- 7,17,600/- Enhanced compensaEon 3,07,600/-

III. FAO No.5295 of 2009 (Bagga Singh and another v. Nirbhai Singh @ Bhola and others) Deceased Sinder Kaur awarded by MACT assessed by this Court (in ₹) Age - 34 years Number of claimants : 2 (in ₹) 1.

Monthly earning of deceased 3,000/- 3,000/- Annual Income 36,000/- 36,000/- 3.

Deduc0on for self expenses Annual income a@er deduc0on for self expenses 36,000 - 12,000 = 24,000/- 36,000 - 12,000 = 24,000/- A@er adding future prospects of 40 % 24,000 +9,600 = 33,600/- 6.

Mul0plier Compensa0on 24,000 x 15 = 3,60,000/- 33,600×15 = 5,04,000/- 8.

Loss of estate Funeral expenses 10.

Loss of consor0um 5,000/- 48,000/- 48,000/- (96,000/-) 3,67,000/- 6,36,000/- Enhanced compensaEon 2,69,000/-

IV. FAO No.5297 of 2009 (Harwinder Kaur and others v. Nirbhai Singh @ Bhola and others) Deceased Supinder Singh awarded by MACT assessed by this Court (in ₹) Age - 32 years (in ₹) Number of claimants : 3 1.

Monthly earning of deceased 4,000/- 4,000/- Annual Income 48,000/- 48,000/- 3.

Deduc0on for self expenses Annual income a@er deduc0on for self expenses 48,000 - 16,000 = 32,000 48,000 - 16,000 = 32,000 A@er adding future prospects of 40 % 32,000 +12,800 = 44,800/- 6.

Mul0plier Compensa0on 32,000 x 17 = 5,44,000/- 44,800 × 16 = 7,16,800/- 8.

Loss of estate Funeral expenses 10.

Loss of consor0um 48,000 48,000 5,000/- 48,000 1,44,000/- Total = (1,44,000/-) 5,51,000/- 8,96,800/- Enhanced compensaEon 3,45,800/- 8.

The claimants-appellants of the respec0ve claim pe00ons shall be en0tled to the enhanced compensa0on along with interest @ 7.5% per an-

num from the date of filing of the claim pe00on 0ll the realiza0on. The compensa0on amount shall be paid in the same propor0on as awarded by the Tribunal. It is further made clear that if during the pendency of these appeals, any of the claimants has expired, the compensa0on amount of his share shall be paid to his legal heirs.

All the four appeals are hereby disposed of accordingly. Photocopy of this order be placed on the connected case files. 19.09.2024 (DEEPAK GUPTA) JUDGE Whether speaking/reasoned?

Yes Whether reportable?