Giano Devi And ORS. v. Bijender And ORS.

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 29.08.2019 Smt Giano Devi and ors.

...Appellants

Versus

Bijender and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Deepender Ahlawat, Advocate, for the appellants Mr. Mohit, Advocate for respondent No. 1 Mr.Neeraj Khanna, Advocate with Mr. Ravinder Arora, Advocate for respondent No. 3 Mr. Lalit Garg, Advocate for respondent No. 6 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, Jhajjar (for short, 'the Tribunal') to the tune of Rs.1,05,500/- vide impugned award dated 18.04.2007 on account of death of Om Prakash in a road accident on 25.06.2004.

2.

As per the case of the claimants, on 25.06.2004 the deceased (Om Prakash) was travelling in a passenger bus bearing registration No. HR-55A-5013 from Jhajjar to his village Sondhi. When the bus reached between Aurangpur turn and village Dadri toe, then a truck bearing registration No. HR-39-5877 TATA 709 came from Dadri Toe side being

-2driven by respondent No. 1 in a rash and negligent manner and hit the passenger bus, due to which the bus turned turtle and Om Parkash and other passengers sustained injuries. Om Parkash succumbed to his injuries. F.I.R No. 151 dated 25.06.2004 under Sections 279/337/427/304-A IPC was registered at P.S. Jhajjar.

3.

While assessing the compensation, the Tribunal took the income of the deceased at Rs.2400/- per month and 1/3rd was deducted towards personal expenses and thereafter, applied the multiplier of 5, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) Page 77. The total compensation awarded to the claimants was Rs.1,05,500/-.

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 be enhanced, as the multiplier of 5 has wrongly been applied 5.

On the other hand, the learned counsel for the respondentInsurance Company 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 by placing on record copy of F.I.R.

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

-3with 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 granted 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.

-4an acceptable principle. But the revisit should not be fact-centric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate 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.". 9.

Further the parents and children of the deceased 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 .

10.

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

No.

Heads Calculations (i) Income Rs.2400/- per month (ii) 1/3rd of (i) deducted as personal expenses of the deceased= Rs.2400-Rs.800=Rs.1600/- per month (iv) Compensation after multiplier of 07 is applied (age of deceased is 65 years) Rs.1600 X 12 X 7= Rs.1,34,400/- (v) Conventional heads (Loss of estate, funeral expenses, loss of consortium) Rs.70,000/- (vi) Loss of consortium (04 children) Rs.1,60,000/- (Rs.40,000/-to each child) (vii) Total Compensation awarded Rs.03,64,400/- Enhanced amount of compensation 03,64,400-1,05,500=Rs.2,58,900/- (rounded off to Rs.2,59,000/-) 11.

The enhanced amount of compensation of Rs.2,59,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants shall get interest @ 9% from the

-5date of filing of the claim petition, 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.

12.

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