Bimla Devi @ Guddi And ANR v. Roshan And ORS

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 14.12.2023 Bimla Devi @ Guddi and another . . . Appellant(s)

Versus

Roshan and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Vaibhav Parashar, Advocate for the appellant(s).

Service qua respondents No.1 to 3 dispensed with (vide order dated 01.06.2016).

Mr. Preet Harinder Singh Pannu, Advocate for respondent No.4 - Insurance Co.

**** SANJAY VASHISTH, J. (Oral) 1.

This present appeal has been filed by the Appellants/Petitioners/ Claimants (herein after referred to as "claimants") against the award passed by the Ld. Motor Accident Claims Tribunal, Karnal (herein after referred to as "The Tribunal") in MACT Case No. 193 of 2011 by way of seeking enhancement of amount of compensation, on account of death of 'Vatan' in a motor vehicular accident.

2.

Claimants in the MACT Case No. 193 of 2011 were Smt. Bimla Devi (Mother of the deceased) and Prem Chand (Father of the deceased). In the present appeal, the claimants are party before this Court in the same order.

3.

Briefly stated facts of the case are that on 04.11.2011, at about 09:00 am, Vatan was returning to his home on his motorcycle bearing No. HR-5AC-0705 make Pulsar.When he reached near the bridge of brick kiln,

- 2 - then Tractor bearing No. HR-05-AD-0564 being driven by Respondent No. 1 came from the side of Village Sheikhpura Khalsa in a rash and negligent manner and struck to the motorcycle of the deceased. Respondent No. 1 ran away from the spot. The deceased was taken to the General Hospital, Karnal where he was declared brought dead.

For the said accident, FIR No.446 dated 04.11.2011 was registered under Section 279 and 304-A IPC at Police Station, Gharaunda against Respondent No. 1.

4.

Claimants filed a claim petition under Section 166/140 of the Motor Vehicle Act, 1988 for seeking compensation on account of death of 'Vatan'.

5.

After going through the record, appreciating the evidence, examining the witnesses, and hearing the arguments of both the sides, Ld. Tribunal made the assessment as follows:

Parameter(s) Deceased - Vatan Age 22 years Monthly Income Rs. 4,800/- Deduction on account of personal expenses Half (1/2) Multiplier Loss of love and affection Rs. 1,00,000/- Transportation and last rites Rs. 10,000 Accordingly, Learned Tribunal awarded an amount of compensation to the claimants to the tune of Rs. 7,58,000/- payable by respondents severally and jointly with interest @7.5% per annum from the date of filing of the petition till its actual realization. 6.

Appellants/petitioners/claimants have filed the present appeal, seeking enhancement of the compensation as awarded by the Ld. Tribunal. 7.

While addressing arguments, Counsel representing the

- 3 - Claimants asserts that there was a substantial error on the part of the Learned Tribunal in its assessment of the deceased's income. Learned counsel for the appellants submits that the Ld. Tribunal has assessed the income of the deceased on the lower side; has wrongly applied the multiplier; has granted Funeral expenses to the lower side; has granted compensation on account of loss of consortium on lower side; and has not granted any compensation on account of loss of estate as against the settled proposition of law as rendered by Hon'ble the Supreme Court. Consequently, prays for an augmentation of the compensation amount originally granted by the Learned Tribunal. 8.

Alternatively, Counsel for Respondent asserts that the Learned Tribunal accurately assessed the deceased's net salary and appropriately computed the compensation amount for the claimant. Consequently, there is no justification for intervening in the well-reasoned and precise award issued by the Learned Tribunal.

9.

Therefore, in the case in hand, same parameters as laid down by the Hon'bleApex Court are applied for the purpose of calculation of compensation. For the sake of convenience, a comparative table of the compensation asassessed and

- 4 - calculated by Ld. Tribunal and this Court is produced below inatabular form: Sr.

No.

Head Compensation awarded by Ld.

Tribunal Compensation Awarded by High Court 1.

Income Rs. 4,800/- p.m Rs. 4,800/- p.m 2.

Future Prospects Rs. 2,400/- (50% of monthly income) Rs. 1,920/- (40% of monthly income) 3.

Deduction towards personal expenses Rs. 3,600/- [half of (Rs. 4800/- + Rs.

2,400/-)] Rs. 3,360/- [half of (Rs. 4800/- + Rs.

1,920/-)] 4.

Total Annual Income Rs.43,200/- (Rs.3,600/-x12) Rs. 40,320/- (Rs.3,360/- x12) 5.

Multiplier 6.

Loss of Dependency Rs. 6,48,000/- (i.e. Rs.43,200/- x 17) Rs. 7,25,760/- (i.e. Rs.40,320 x 18) 7.

Funeral Expenses Rs. 10,000/- Rs. 25,000/- 8.

Loss of Estate Rs. NIL Rs. 20,000/- 9.

Loss of Filial Consortium (Mother and father of the deceased) NIL Rs. 96,000/- (Rs. 48,000/- x 2) 10.

Loss of love and affection Rs. 1,00,000/- NIL 11.

Total Compensation to be Paid Rs. 7,58,000/- Rs.8,66,760/- 10.

Counsel for the Claimants further submits that the rate of interest awarded by the Ld. Tribunal i.e. at 7.5% per annum from the date of filing of the claim petition till its realization is worth to be maintained in view of the settled proposition of law established by the Apex Court and applied by this Court.

However, learned counsel appearing on behalf of respondents submits that the rate of interest should not be over the awarded amount and therefore, it should be reduced to the rate of 6% per annum. 11.

I have gone through the judgments cited by counsel for the claimants and thus, I deem it appropriate to grant the rate of interest at 7.5%

- 5 - per annum.

12.

Thus, keeping in view the aims and objects of this beneficial legislation of providing relief to the victims or their families, the total compensation payable to the claimants is Rs.8,66,760/- along with interest at 7.5% per annum from the date of filing of claim petition till the date of payment of compensation to the Claimants.

13.

Needless to mention that out of the total payable compensation amount, already paid amount (if any) in compliance to the impugned award, would be adjusted and the amount of compensation awarded shall be distributed among the claimants in the same ratio as was held by the Ld. Tribunal.

14.

Therefore, by partly modifying the award, appeal is allowed with the terms indicated here-above.

Pending miscellaneous applications, if any, also stands disposed of.

(SANJAY VASHISTH) JUDGE December 14, 2023 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No