Dayal Chand v. Krishan Kumar & ORS.

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 23.07.2019 Dayal Chand ..... Appellant

Versus

Krishan Kumar and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Amit Chaudhary, Advocate for the appellant. Ms. Kusum Raj, Advocate for Mr. SS Sahu, Advocate for respondents No. 1 and 2. Mr. MB Jain, Advocate for respondent No. 3-Insurance Co. RAMENDRA JAIN, J. (ORAL) Vakalatnama filed on behalf of respondents No. 1 and 2 is taken on record. Be tagged at the appropriate place. Through this appeal the claimant has sought enhancement of compensation to the tune of `35,00,000/- along with interest @ 18% per annum, modifying the impugned Award dated 23.04.2014 of the Motor Accident Claims Tribunal, Fatehabad (for short-'the Tribunal'), in a claim petition filed by claimant-appellant under Section 166 of the Motor Vehicles Act, 1988, against the death of his son-Preetpal, a mason, aged around 25 years, earning `15,000/- per month, in a motor vehicular accident, in the night of 30.03.2012.

-2After holding trial, the claim petition of appellant along with two more claim petitions was decided vide impugned consolidated Award dated 23.04.2014, whereby appellant was awarded `3,67,350/-, after deducting 25% i.e. `1,22,450/- towards contributory negligence of deceased-Preetpal, out of total compensation of `4,89,800/-, which was payable to the appellant-claimant.

Heard.

Having given thoughtful consideration to the rival submissions, this Court is of the considered view that the learned Tribunal has wrongly applied multiplier of '9' instead of '18', contrary to the latest law laid down by the Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethi and others, 2017(4) RCR(Civil) 1009. That apart, the amount granted to the appellant under conventional head i.e. ` 20,000/- is liable to be enhanced to `30,000/-. However, compensation granted to the appellant under the head 'future prospects' has to be reduced to 40%.

In view of the above, compensation to which the claimantappellant is entitled, is reassessed as follows:- Sr. No.

Heads Calculation (i) Income of the deceased `5800/- per month+40% future prospect=`8120 (ii) Compensation after deducting 1/2rd towards personal expenses of the deceased and applying multiplier of 18 (8120 x 12x 18x1/2)=`8,76,960/- (iii) Compensation under conventional head `30,000/-

-3- (iv) Deduction of 25% towards contributory negligence `2,26,740/- `8,76,960+`30000-`2,26,740= `6,80,220/- Total enhanced compensation `6,80,220-`3,67,350 =`3,12,870/- Therefore, the appellant is entitled to the enhanced compensation of `3,12,870/- over and above the amount of `3,67,350/- already granted by the learned Tribunal. Accordingly, respondents are directed to deposit the enhanced compensation of `3,12,870/- before the learned Tribunal within two months from today, along with up-to-date interest @ 9% per annum from the date of filing of claim petition till realization, for onward disbursement to the claimant-appellant, in accordance with law against proper receipt and identification. Non-deposit of above enhanced compensation within the stipulated period would entail interest @ 12% per annum with quarterly rests, after two months.

The instant appeal disposed of, accordingly.

July 23, 2019 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No