(O&M) Akhil Goel & ORS v. Deepak Malhotra & ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 29.08.2019 Akhil Goel and ors.

...Appellants

Versus

Deepak Malhotra and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. G.C. Shahpuri, Advocate, for the applicants-appellants Mr. A.S. Khaira, Advocate for respondent No. 2 Mr. Abhishek Goyal, Advocate for Mr. Pardeep Goyal, Advocate for respondent No. 4 RITU BAHRI J. (Oral) 1.

The present appeal has been preferred by the claimantsappellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhari (for short, 'the Tribunal') to the tune of Rs.13,88,562/- vide impugned award dated 08.07.2013 on account of death of Archana Geol in a road accident on the intervening night of 2/3.12.2010.

2.

As per the case of the claimants, on the intervening night of 2/3.12.2010 the deceased along with her husband and two more persons namely Vipan Goel and Veena Goel was returning from Delhi to Yamuna Nagar in Indica car bearing No. HR-51-S-8686. Respondent No. 1 Deepak Malhotra was driving the car rashly and negligently. When the car reached near Yamuna Canal, the driver lost the balance and the car fell into nala.

-2The deceased died on the spot. F.I.R (EX P1) was registered in this regard. 3.

While assessing the compensation, the Tribunal took the annual income of the deceased- Archana Goel (48 years) at Rs.1,57,910 per annum and 1/3rd was deducted towards personal expenses and thereafter, applied the multiplier of 13, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) Page 77. Further the Tribunal awarded Rs.5,000/- towards funeral expenses, Rs.10,000/- on account of loss of consortium and Rs.5000/- on account of loss of estate. The total compensation awarded to the claimants was Rs.13,88,562/-.

4.

The learned counsel for the claimant-appellant contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to the enhanced, as the Tribunal has not awarded future prospects. 5.

On the other hand, the learned counsel for the respondentInsurance Company has vehemently opposed the present appeal. 6.

I have heard learned counsel for the parties and perused the record.

7.

It is not in dispute between the parties that the accident had taken place, as the accident had been duly proved by the claimants by placing on record copy of F.I.R.

8.

Reference at this stage can be made to a recent judgment of Hon'ble the Supreme Court of India in a case of National Insurance Company Ltd vs. Pranay Sethi and others, passed in Spl Leave Petition (Civil) No. 25590 of 2014, decided on October 31, 2017 wherein the issue with regard to awarding of amount under the conventional heads has been

-3authoritatively decided, while observing as under :- "54. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh. It has granted Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/-loss of consortium and Rs. 1,00,000/- towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same. The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation.

There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums. It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs. 15,000/-, Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiting the said heads is an acceptable principle.

-4or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.". 9.

Further the parents and children of the deceased are also entitled for compensation of Rs.40,000/- each under the head of loss of filial consortium, in view of judgment of Hon'ble the Supreme Court of India in a case of Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram, 2018 (4) RCR Civil 837 .

10.

In the present case, the compensation is being reassessed as per the judgments mentioned above:- Sr.

No.

Heads Calculations (i) Income Rs.1,57,910/- per annum (ii) 25% of (i) above to be added as future prospects= Rs.157910+Rs.39477=Rs.197387/- per annum (iii) 1/3rd of (ii) deducted as personal expenses of the deceased= Rs.197387-Rs.65795=Rs.131592/- per annum (iv) Compensation after multiplier of 13 is applied Rs.131592 X 13= Rs.17,10,696/- (v) Conventional heads (Loss of estate, funeral expenses, loss of consortium) Rs.70,000/- (vi) Loss of consortium (04 children) Rs.1,60,000/- (Rs.40,000/-to each child) (vii) Total Compensation awarded Rs.19,40,696/- Enhanced amount of compensation 19,40,696-13,88,562=Rs.5,52,134/- (rounded off to Rs.5,52,000/-) 11.

The enhanced amount of compensation of Rs.5,52,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants shall get interest @ 9% from the

-5date of filing of the claim petition, in view of judgment of Hon'ble the Apex Court in Civil Appeal No. 4528-2019 titled as Dara Singh @ Dhara Banjara vs. Shyam Singh Varma and ors, decided on 01.05.2019. The remaining conditions of disbursal of amount and recovery rights shall remain unaltered.

12.

Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.

29.08.2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No