High Court of Punjab and HaryanaFAO/7289/2015disposed of

Sukhbir And ANR v. Sandeep And ORS

2016-12-05Mr. Justice Fateh Deep Singh2 pages

FAO No. 7289 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No. 7289 of 2015 Date of decision : 05.12.2016 ...

Sukhbir and another ................Appellants

Versus

Sandeep and others .................Respondents CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL

Present:

Mr. Sumit Gupta, Advocate for the appellants. Mr. Vinod Gupta, Advocate for the Insurance company. ...

REKHA MITTAL, J. (ORAL) The claimants are in appeal seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Jhajjar, (in short 'the Tribunal') in regard to death of Sumit, minor son aged about 11 years of the claimants, in a motor vehicular accident that took place on 15.8.2012.

Counsel for the appellants has submitted that the Tribunal has assessed income of the deceased at Rs.15,000/- per annum, applied a multiplier of 15, allowed an amount of Rs.75,000/- on account of future prospects. Another amount of Rs.75,000/- on account of non-pecuniary damages, Rs.15,000/- on account of expenses on transportation and funeral, deducted 1/3rd for personal expenses of the deceased and computed total compensation to the tune of Rs.3,15,000/-. It is argued that in view of the Banita Chugh 2016.12.09 12:04 I attest to the accuracy and authenticity of this document chandigarh

FAO No. 7289 of 2015 -2judgment of the Hon'ble Supreme Court of India Kishan Gopal and another vs. Lala and others 2013 (4) RCR (Civil) 277 the claimants are entitled to compensation more than Rs. 5 lakhs. Counsel for the Insurance company has supported the award though he has nothing to say with regard to the judgment passed by the Hon'ble Supreme Court Kishan Gopal's case (Supra). I have heard counsel for the parties, perused the paper-book particularly the award passed by the Tribunal. The Hon'ble Supreme Court of India in Kishan Gopal's case (Supra) assessed notional income of deceased aged about 10 years at Rs.30,000/- per annum and applied a multiplier of 15 to compute total compensation to the tune of Rs.5 lakhs. In view of enunciation of law laid down in Kishan Gopal's case (Supra) the claimants are entitled to an amount of Rs.

5 lacs, as allowed in the said case besides an amount of Rs.25,000/- towards expenses on funeral and last rites. In this manner, total compensation comes to Rs.5,25,000/- and the enhanced compensation is Rs.2,10,000/- payable with interest at the rate of 7.5% per annum from the date of petition till realization, exclusively to mother of the deceased. The appeal is partly allowed in the aforesaid terms. ( REKHA MITTAL ) December 05, 2016 JUDGE chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No Banita Chugh 2016.12.