Santosh And ANR v. Satbir And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 20, 2019 Santosh and another .....Appellants

Versus

Satbir and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Narender Kaajla, Advocate for the appellants.

Mr.J.S.Chatrath, Advocate for respondent No.1.

Mr.S.P.Arora, Advocate with Ms.Neha Sharma, Advocate for respondent No.4.

........

NIRMALJIT KAUR, J. (ORAL) Learned counsel for the appellants while praying for enhancement of the compensation, submitted that income of the deceased was assessed as `4,000/-, which is on the lower side, whereas as per the notification, the minimum wages at that point of time was `5,400/-. Enhancement is also prayed under the head consortium. It is also contended that as per judgment of Hon'ble Apex Court in the case of Megma General Insurance Co.Ltd. vs Nanu Ram alias Chuhru Ram and others 2018(4) RCR (Civil) 333, `40,000/- has to be granted to each of the claimant. Learned counsel for the respondent while disputing the claim is not in a position to dispute that minimum wages at that point of time was `5,400/-, the deceased being 21 years of age. However, with respect to the

-2claim towards consortium, in the judgment rendered by the Hon'ble Apex Court in National Insurance Company Limited vs Pranay Sethi and others, 2017(16) SCC 680, `70,000/- is the maximum award under this head. Accordingly, the same is enhanced to `70,000/- whereas only `25,000/- has been given.

At this stage, learned counsel for the respondent -Insurance Company has pointed out that the amount towards future prospects should have been 40% and not 50%, as awarded.

Learned counsel for the appellants is not in a position to dispute the same in view of the settled proposition of law.

In view of the above, the enhanced amount would be paid to the appellants as per following calculation provided as under: Head Amount Monthly Income `5400.00 Future prospects @ 40% `2160.00 Total Monthly income `7560.00 50% deduction as personal expenses `3780.00 Monthly dependency `3780.00 Annual Dependency `45,360.00 Multiplier Loss of dependency `8,16,480.00 Loss of consortium `70,000.00 Total compensation `8,86,480.00 Compensation awarded by Tribunal `6,73,000.00 Difference in compensation `2,13,480.00 The enhanced amount of `2,13,480.00, as per the above calculation, be paid to the appellant-claimants alongwith interest @ 6% per annum from the date of filing of the claim petition in the same terms as held by the Tribunal within two months from the date of receipt of a certified

-3copy of this order. In case the said amount is not deposited within two months from the date of receipt of a copy of this order, the same shall be deposited alongwith interest @ 12% from the expiry of the said two months. Disposed of accordingly.

September 20, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No