Baldev Singh & ORS v. Karamjit Singh & ORS

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision:- 12.09.2017 Baldev Singh and others .....Appellants

Versus

Karamjit Singh and others .....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Saurabh Bhardwaj, Advocate, for the appellants.

Ms. Monika Jangra, Advocate for Ms. Vandana Malhotra, Advocate for the Insurance Company.

**** RITU BAHRI, J. (Oral) Present appeal has been preferred by the claimantsappellants (for short 'the appellant'), seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Patiala (for short, 'the Tribunal') to the tune of `4,42,000/-, vide impugned Award dated 02.09.2014.

FACTS NOT IN DISPUTE On 31.05.2012, Tejinder Singh (since deceased) was returning home from his school on motor cycle bearing registration No.PB-11-S-8846, his father Baldev Singh was following him on separate motor cycle. At about 11.30 a.m., when the deceased reached

-2near Hotel Surnise on main Sirhind Road, Patiala, then a truck bearing registration No.HR-01-A-9165 came from the side of Sirhind going towards Patiala side being driven in a rash and negligent manner, without giving horn and it hit the motor cycle of Tejinder Singh, due to which the deceased fell on the road and received multiple injuries on different parts of his body. Thereafter, Tejinder Singh was taking to the Rajindra Hospital, Patiala but he succumbed to the injuries. The driver of the offending vehicle escaped from the spot. FIR No.159 dated 31.05.2012 was also registered.

Consequently, the claimants-appellants had filed a claim petition before the Tribunal.

Before the Tribunal, on the basis of the evidence led by the parties, the Tribunal has came to a conclusion that the accident in question was occurred due to the rash and negligent driving by respondent No.1. The Tribunal has taken the notional income of deceased as `4,000/- per month and annual income comes to `48,000/-. Out of which, 1⁄2 amount was deducted towards personal expenses. The dependency of the claimants, thus, came to `24,000/- per annum. The multiplier of '18' was applied. Thus, the claimants were found entitled to compensation of `4,32,000/-. In addition to it, further compensation of `5,000/- was awarded towards funeral expenses and `5,000/- for loss of estate. Hence, the claimants-appellants were found entitled to total compensation of `4,42,000/- along with interest at the rate of 6% per annum from the date of filing of the petition till the date of actual

-3realization of the award amount.

Feeling dis-satisfied with the aforesaid Award, the present appellants have preferred the present appeal. Learned counsel for the appellants contends that the Tribunal has erred in awarding the compensation, in view of the judgment of 'Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) Page 77', 'Rajesh and others vs. Rajbir Singh and others, 2013 (9) SCC 54' and 'Munna Lal Jain and another vs. Vipin Kumar Sharma and others, 2015(3) Recent Apex Judgments 459', Asha Verman and others vs. Maharaj Singh and others, 2015(2) RCR (Civil) 520 and Kalpanaraj and others vs. Tamil Nadu State Transport Corporation, 2015(2) SCC (Civil) 193. Moreover, the Tribunal has also not granted the benefit of future prospects while determining the compensation amount. I have heard learned counsel for the parties and perused the record.

RE-ASSESSED COMPENSATION It is not in dispute that the offending vehicle was fully insured with the Insurance company.

As per notification dated 15.11.2012, issued by the Punjab Labour Department, w.e.f. 1.9.2012 the minimum wages for unskilled labour was `5200/- per month.

Following the ratio of law laid down by Hon'ble the Supreme Court in the above mentioned judgments and taking into consideration

-4the facts of the present case, the compensation has to be reassessed as follows:- Sr.

No.

Heads Calculations (i) Salary `5200/- per month (ii) 50% Future prospects `5200/- + `2600/- = `7,800/- (iii) 1⁄2 Less on account of dependency `7,800 - `3,900/- = `3,900/- (iii) Compensation after multiplier of '18' is applied `3,900 X 12 X 18 = `8,42,400/- (iv) Loss of love and affection to parents `1,00,000 (Rs.50,000/- each) (v) Loss of love and affection to brother `50,000 (vi) Funeral expenses `25,000/- (vii) Total Compensation awarded `10,17,400/- (viii) Enhanced amount of compensation `10,17,400 - `4,42,000/- = `5,75,400/- The enhanced amount of compensation of `5,75,400/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order.

The enhanced amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization, in view of the judgment of Hon'ble the Supreme Court in a case of Kumari Kiran through her father Harinarayan Vs. Sajjan Singh and others, 2015(1) SCC 539. Remaining conditions of disbursal of amount shall remain unaltered. Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.

( RITU BAHRI ) September 12, 2017 JUDGE naresh.k Whether speaking/reasoned Yes Whether reportable No