Kela Dev & ORS v. Harjeet & ORS

R-881

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision : 03.02.2023 Kela Devi and Others ....Appellants

VERSUS

Harjeet and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Varuna Singh, Advocate for Mr. Kanwar Satbir Singh, Advocate, for the appellants. Mr. Varun Sharma, Advocate for Mr. Ashwani Talwar, Advocate, for the Insurance Company. ALKA SARIN, J. (Oral) The present appeal has been preferred by the claimantappellants against the award dated 09.10.2013 passed by the Motor Accident Claims Tribunal, Sonipat (hereinafter referred to as the 'Tribunal') challenging the quantum of compensation. The connected appeal being FAO-2215-2014 preferred by the owner and driver of the offending vehicle was allowed vide order dated 31.03.2016 and the insurance company was held jointly and severally liable.

Since the dispute in the present appeal is only qua compensation, hence the facts are not being adverted to. The Tribunal has awarded the following compensation :

-2Sr. No.

Heads Compensation Awarded Monthly Income of the deceased Rs.6000/- Annual dependency of the claimants after deduction of 1/4th Rs.4500/- (6000-1500) Multiplier of 13 Rs.702000/- (54000x13) Funeral Expenses Rs.25000/- 5.

Loss of consortium Rs.100000/- Total Compensation Rs.827000/- Learned counsel for the claimant-appellants would contend that the deceased in the present case was 48 years old. Though his income has correctly been assessed as Rs.6000/- per month and multiplier of 13 has rightly been applied, however 25% addition towards future prospects has not been made as per the law laid down in the case of National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] and the amounts paid under the conventional heads as well as under the head of consortium are on the lower side. It is further the contention of the learned counsel that the award is not as per the law laid down by the Supreme Court in the cases of Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121]; 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].

Per contra the learned counsel for respondent no.3-Insurance Company has contended that already an amount of Rs.8,27,000/- has been awarded and hence there is no scope for any further enhancement. I have heard learned counsel for the parties.

-3In the present case the age of the deceased was 48 years and taking the income of the deceased as Rs.6000/- per month, the multiplier of 13 has rightly been applied. However, as per the law laid in the cases of Pranay Sethi (supra), Magma General Insurance Company Limited (supra) and N. Jayasree (supra), an addition 25% would have to be made towards future prospects; an amount of Rs.33000/- (16500+16500) would have to be paid under the conventional heads; the wife, two children and the parents would be entitled to Rs.44000/- (each) under the head consortium. The re-worked compensation is as under :

Sr.

No.

Heads Compensation Awarded Annual Income of the deceased Rs.6000/- x 12 = Rs.72000/- Deduction of 1/4th share Rs.54000/- (72000-18000) Future prospects @ 25% Rs.67500/- (54000+13500) Multiplier of 13 Rs.877500/- Loss of Estate Rs.16500/- Funeral Expenses Rs.16500/- Loss of Consortium Parental : Rs.88,000/- (44000x2) Spousal : Rs. 44,000/- Filial : Rs.88,000/- (44000x2) Rs.220000/- Total Compensation Rs.11,30,500/- Amount Awarded by the Tribunal Rs.8,27,000/- Enhanced amount Rs.3,03,500/- The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 7.5% from the date of filing of the claim petition till realization of the entire amount. The amount

-4shall be apportioned amongst the claimant-appellants 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. February 02, 2023 (ALKA SARIN) tripti JUDGE Whether reportable: YES/NO