Joginder Singh And ORS v. Pepsu Road Transport Corporation, Patiala And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 22.02.2024 Joginder Singh & Ors.

... Appellant(s)

Versus

Pepsu Road Transport Corporation, Patiala & Ors. ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Parminder Singh Kanwar, Advocate for the appellants. Mr. Harsh Chopra, Advocate for the respondents-PRTC. ALKA SARIN, J. (ORAL) 1.

The present appeal has been preferred by the claimantappellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Hoshiarpur vide award dated 18.10.2014. 2.

Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

3.

The Tribunal in the present case had awarded the following compensation :

Sr. No.

Heads Compensation Awarded Monthly Income Rs.10,000/- Annual Income [Rs.10,000x12] = Rs.1,20,000/-

-2Deduction 1/3rd [Rs.1,20,000-40,000] = Rs.80,000/- Multiplier - 14 [Rs.80,000x14] = Rs.11,20,000/- Funeral expenses Rs.25,000/- Loss of consortium Rs.1,00,000/- Total Compensation Rs.12,45,000/- Interest 7.5% 4.

Learned counsel for the claimant-appellants would contend that though the income of the deceased was rightly assessed as Rs.10,000/- per month and a multiplier of '14' as well as a deduction of 1/3rd was applied correctly, however, no addition has been made towards future prospects which ought to have been 25%. It is further the contention of the learned counsel that the amount awarded under the conventional heads as well as under the head 'loss of consortium' is also not in accordance with the law laid down by the Hon'ble Supreme Court. In support of his contentions the learned counsel for the claimant-appellants has relied upon the judgments of the Hon'ble Supreme Court in the cases of National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors. vs. Cholamandalam M.S General Insurance Company Ltd. [2021(4) RCR (Civil) 642]. 5.

Per contra, the learned counsel for the respondents-PRTC has vehemently argued that sufficient amount has already been awarded as compensation in the present case and that there is no scope of any enhancement.

-36.

I have heard the learned counsel for the parties. 7.

In the present case, the Tribunal has rightly assessed the income of the deceased as Rs.10,000/- per month as per the income tax returns and also correctly applied a multiplier of '14' keeping in view the age of the deceased being 44 years as well as deduction of 1/3rd, however, no addition has been made towards future prospects and hence as per the law laid down by the Hon'ble Supreme Court in the case of Pranay Sethi (supra), 25% addition is made towards future prospects. Further, the amount awarded under the conventional heads and under the head 'loss of consortium' is not as per the law laid down by the Hon'ble Supreme Court in the cases of Pranay Sethi (supra), Magma General Insurance Company Limited (supra) and N. Jayasree (supra) and hence, the claimant-appellants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and the claimant-appellants (husband and sons of the deceased) would also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium.

8.

Accordingly, the reworked compensation is as under : Sr. No.

Heads Compensation Awarded Monthly Income Rs.10,000/- Annual Income [Rs.10,000x12] = Rs.1,20,000/- Deduction 1/3rd [Rs.1,20,000-40,000] = Rs.80,000/- Future Prospects - 25% [Rs.80,000+20,000] = Rs.1,00,000/- Multiplier - 14 [Rs.1,00,000x14] = Rs.14,00,000/-

-4Loss of estate Rs.18,000/- Funeral expenses Rs.18,000/- Loss of consortium (i) Parental [Rs.48,000/-x2] = Rs.96,000/- (ii) Spousal Rs.48,000/- Total Rs.1,44,000/- Total Compensation Rs.15,80,000/- 9.

The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 7.5 % per annum from the date of filing of the claim petition till the realization of the entire amount. The amount shall be apportioned between the claimant-appellants as directed by the Tribunal.

10.

In view of the above discussion, the present appeal is allowed and the award passed by the Tribunal is modified accordingly. Pending applications, if any, also stand disposed off. 22.02.2024 ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO