Kuldeep Kaur And ORS. v. Karnail Singh And ORS.\

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 13.02.2024 Kuldeep Kaur & Ors.

... Appellant(s)

Versus

Karnail Singh & Ors.

... Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Swarn Tiwana, Advocate with Mr. Satvir Singh, Advocate for the appellants. Mr. R.K. Bashamboo, Advocate for respondent No.3. ALKA SARIN, J. (ORAL) CM-12712-CII-2023 This is an application for referring the present appeal to Daily Lok Adalat.

Notice of the application was issued on 02.08.2023. The learned counsel for the parties are ad idem that the present appeal may be decided before this Court.

With the consent of the learned counsel for the parties, the main case is taken on Board today itself. CM stands disposed off. FAO-8875-2014 1.

The present appeal has been preferred by the claimantappellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Fatehgarh Sahib, vide award dated 18.02.2014.

-22.

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 1 Monthly Income Rs.5,000/- 2 Annual Income [Rs.5,000x12] =Rs.60,000/- 3 Deduction 1/5th [Rs.60,000-12,000] =Rs.48,000/- 4 Multiplier - 15 [Rs.48,000x15] =Rs.7,20,000/- 5 Funeral expenses Rs.25,000/- 6 Loss of consortium Rs.1,00,000/- Spousal's 7 Compensation Rs.8,45,000/- Interest 7% 4.

Learned counsel for the appellants would contend that though the income of the deceased was rightly assessed as Rs.5,000/- per month and a multiplier of '15' as well as a deduction of 1/5th was applied correctly, however, no amount has been awarded towards future prospects. 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

-3SCC 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 respondent No.3-Insurance Company 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.

6.

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

In the present case, the Tribunal has though rightly assessed the income of the deceased as Rs.5,000/- per month and also correctly applied a multiplier of '15' as well as deduction of 1/5th, however, no amount has been awarded 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 claimants 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 claimants (widow, four children and parents of the deceased) would also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium.

-48.

Accordingly, the reworked compensation is as under : Sr.

Heads Compensation Awarded No.

1 Monthly Income Rs.5,000/- 2 Annual Income [Rs.5,000x12] =Rs.60,000/- 3 Deduction 1/5th [Rs.60,000-12,000] =Rs.48,000/- 4 Future Prospects - 25% [Rs.48,000+12,000] =Rs.60,000/- 5 Multiplier - 15 [Rs.60,000x15] =Rs.9,00,000/- 6 Loss of estate Rs.18,000/- 7 Funeral expenses Rs.18,000/- Loss of consortium (i) Parental [Rs.48,000/-x4] = Rs.1,92,000/- (ii) Filial [Rs.48,000/-x2] = Rs.96,000/- (iii) Spousal Rs.48,000/- (Total Rs.3,36,000/-) Total Compensation Rs.12,72,000/- 9.

The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 7% 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 claimants 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. 13.02.2024 ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO