Amritpal Kaur And ORS v. Jag Parshad And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision : 31.08.2022 Amritpal Kaur and Ors ... Appellant(s)

Versus

Jag Parshad and Ors ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Kapish Singla, Advocate for Mr. Ashit Malik, Advocate for the appellants. Mr. Sunny Tyagi, Advocate for respondent No.2. Mr. Sachin Gupta, Advocate for respondent No.3. ALKA SARIN, J. (ORAL) CM-21179-CII-2016 This is an application for condonation of delay of 3 days in filing the appeal.

For the reasons stated in the application, delay of 3 days in filing the appeal is condoned.

CM stands disposed off.

MAIN CASE The present appeal has been preferred by the claimants against the award dated 04.05.2016 passed by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the 'Tribunal'). The facts in the present case are not in dispute and, hence, are not being reproduced for the sake of brevity.

-2Learned counsel for the appellants would contend that the income of the deceased has been assessed as Rs.4848/- per month as per the minimum wages prevalent as on 01.01.2012. However, the accident took place on 16.07.2012 and the prevalent minimum wages for an unskilled labourer at the relevant time was Rs.4967/- per month. Learned counsel for the appellants has fairly stated that future prospects had been awarded @ 50% which should be 40%. It is further the contention of learned counsel that dependency has been taken as 1/3rd, however, the same should be 1/4th keeping in view the fact that there are 5 dependents.

Learned counsel for the appellants would further contend that a wrong multiplier has been applied inasmuch as multiplier of 15 has been applied instead of applying a multiplier 16 as per the judgment in the case of Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121]. Learned counsel has further fairly conceded that though an amount of Rs.3,00,000/- has been awarded under the head of love and affection, however, as per the settled law in the cases of National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 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], an amount of Rs.

44,000/- would be payable to each of the claimants (the appellants and respondent Nos.4 and 5).

Per contra, learned counsel for the respondents would contend that future prospects awarded are on the higher side as is the amount

-3awarded under the head of love and affection and there is no scope for any enhancement in the present case.

I have heard the learned counsel for the parties. The Tribunal on the basis of the pleadings and evidence on the record had awarded the following compensation : Sr. No.

Heads Compensation Awarded Monthly Income of the deceased Rs.4848/- Annual income of the deceased Rs.58176/- (4848x12) Annual income after 1/3rd deduction towards personal expenses Rs.38784/- (58176-19392) Future Prospects @ 50% Rs.58176/- (38784+19392) Multiplier 15 Rs.8,72,640/-(58176x15) Loss of love and affection Rs.3,00,000/- Funeral Expenses Rs.25,000/- Total Compensation Rs.11,97,640/- Interest 9% per annum As per the settled law in the cases of Pranay Sethi (supra), Sarla Verma (supra), Magma General Insurance Company Limited (supra) and N. Jayasree (supra), since the age of the deceased was 35 years, future prospects ought to have been calculated @ 40% instead of 50% and the dependency ought to have been taken as 1/4th instead of 1/3rd. Further, the multiplier of 16 ought to have been applied instead of 15. The consortium awarded under the head of love and affection is in excess of the amount as per the settled law. Hence, the claimants would also be entitled to an amount of Rs.44,000/- each under the head consortium.

-4In view of the settled law the modified compensation is re-worked out as under :

Sr. No.

Heads Compensation Awarded Monthly Income Rs.4967/- Annual Income of the deceased Rs.59604/- (4967x12) Annual dependency of the claimants after deduction of 1/4th Rs.44703/- (59604-14901) Future Prospects @ 40% Rs.62584/- (44703+17881) Multiplier of 16 Rs.10,01,344/- (62584x16) Loss of Consortium (i) Parental (ii) Filial (iii) Spousal Rs.88,000/- (44000x2) Rs.88,000/- (44000x2) Rs.44000/- Loss of Estate Rs.16500/- Funeral Expenses Rs.16500/- Total Compensation Rs.12,54,344/- Amount Awarded by the Tribunal Rs.11,97,640/- Enhanced amount Rs.56,704/- The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 9% from the date of the 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.

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. 31.08.2022 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE : Whether speaking/non-speaking: Speaking Whether reportable: YES/NO