Sudesh And ORS v. Ramanand And ORS
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 11.07.2019 Sudesh and ors.
...Appellants
Versus
Ramanand and ors.
...Respondents
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Parmod Parmar, Advocate, for the appellants Mr. M.B. Jain, Advocate for respondent-Insurance Company.
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, Jhajjar (for short, 'the Tribunal') to the tune of Rs.15,87,231/- vide impugned award dated 28.01.2016 on account of death of Rajesh Kumar aged 23 years on 30.01.2014.
2.
As per claimants, on 30.01.2014, the deceased Rajesh was driver on the truck No. HR-69-2980 under the ownership/employer of Sandeep. On 30.01.2014, deceased along with Vikash was coming to Bahadurgarh from Delhi in the above said truck bearing No. HR-69-2980 and Rajesh was driving the said truck. When they reached near Naya Gaon bypass in front of Sector 13, then the offending vehicle truck bearing registration No. RJ-32-GA-9107 which was being driven by respondent No. 1 in a rash and negligent manner, came from back side and did overtake the
-2vehicle of Rajesh and suddenly stopped his vehicle in front of the vehicle of Rajesh without giving any indicator. Due to which the accident occurred due to sole negligence on the part of respondent No. 1. Rajesh and Vikash sustained multiple injuries and were brought to Shree Sai Saans Critical Care Centre Super Specialty Intensive Care Unit, Shri Ram Plaza, HUDA Complex Rohtak. However, the deceased Rajesh was referred to Medanta where he died on 04.02.2014.
3.
While assessing the compensation, the Tribunal took the income of the deceased at Rs.7000/- per month and 1/4th was deducted towards personal expenses and thereafter, applied the multiplier of 17 as per the age of parents, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) Page 77. Rs.25,000/- was awarded on account of funeral expenses, Rs.45,000/- towards loss of consortium to wife and Rs.25,000/- towards loss of love and affection. Rs.4,21,231/- were awarded towards medical bills. The total compensation awarded to the claimants was Rs.15,87,231/-.
4.
The learned counsel for the claimants-appellants 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 respondentdriver 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/appellants.
-38.
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 authoritatively 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.
-4reasonable 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. But the revisit should not be fact-centric or 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 . This judgment has further been followed by Hon'ble the Supreme Court in a case of Sebastiani Lakra vs National Insurance Company Ltd, passed in CIVIL APPEAL NO(S).10588-89 of 2018, decided on 12.10.2018.
10.
In the present case, the compensation is being reassessed as per the judgments mentioned above:- Sr.
No.
Heads Calculations (i) Income Rs.7000/- per month (ii) 40% of (i) above to be added as future prospects= Rs.7000+Rs.2800=Rs.9800/- per month (iii) 1/4th of (ii) deducted as personal expenses of the deceased= Rs.9800-Rs.2450=Rs.7350/- per month (iv) Compensation after multiplier of 17 is applied Rs.7350X 12 X 17= Rs.14,99,400/-
-5Sr.
No.
Heads Calculations (v) Conventional heads (Loss of estate, funeral expenses, loss of consortium) Rs.70,000/- (vi) Loss of filial consortium (parents and two minor children) Rs.1,60,000/-(Rs.40,000/- to each child and parents) (vii) Medical Bills Rs.4,21,231/- (viii) Total Compensation awarded Rs.21,50,631/- Enhanced amount of compensation 2150631-1587231=Rs.5,63,400/- (rounded off to Rs.5,63,000/-) 11.
The enhanced amount of compensation of Rs.5,63,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants shall also get interest @ 9% from the date 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.
11.07.2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No