Darshan Singh & ORS v. Charanjit Kaur And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.143 of 2017 (o&m) Date of Order:18.01.2019 Darshan Singh and others ..Appellants

Versus

Charanjit Kaur and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Anil K. Ahluwalia, Advocate for the appellants.

Mr. Bikramjit Aurora, Advocate for respondents no.1 to 3.

ANIL KSHETARPAL, J(Oral) Late Sh. Sukhwinder Singh died in a motor vehicular accident, which took place on 17.07.2014. Late Sh. Sukhwinder Singh was agriculturist, owning approximately 3 acres of land. Learned Motor Accident Claims Tribunal, Tarn Taran, assessed the income at Rs.8000/- per month and keeping in view the fact that his two sons are major, aged about 30 and 32 years, imposed deduction of 50% of the income assessed, to work out dependency for the widow at Rs.4,000/- per month. The court has applied multiplier of 7 and thus worked out amount at Rs.3,36,000/- apart from other heads. Tribunal has awarded Rs.25,000/- towards funeral expenses and Rs.1,00,000/- as loss of consortium. Apart therefrom, medical expenses on medicines have also been awarded.

The Constitution Bench of the Hon'ble Supreme Court in the

-2case of National Insurance Company Limited vs.

Pranay Sethi and others, JT 2017(10) SC 450 has held that at the most maximum amount under the head Funeral Expenses could be Rs.15,000/-, whereas loss of consortium is Rs.40,000/- However, there is another head i.e. loss of estate under which Rs.15,000/- is payable.

Accordingly, the amount under the head loss of consortium is reduced to Rs.40,000/-, whereas funeral expense is reduced to Rs.15,000/-. However, loss of estate would be Rs.15,000/-. Keeping in view the aforesaid facts, amount awarded is recalculated as under:- Heads Compensation awarded by MACT Compensation awarded by Hon'ble High Court Income Assessed Rs.8000/- Rs.8000/- (-) 50% deduction Rs.4000/- Rs.4000/- Annual Dependency Rs.4000x12=48,000/- Rs.4000x12=48,000/- Multiplier Rs.48000x7=3,36,000/- Rs.48000x7=3,36,000/- Conventional Heads Funeral Expenses Rs.25,000/- Rs.15,000/- Loss of Estate NIL Rs.15,000/- Consortium Rs.1,00,000/- Rs.40,000/- Medical Bills Rs.40,572/- Rs.40,572/- --------------- ---------------- Rs.5,01,572/- Rs.4,46,572/- The compensation amount reduced to Rs.4,46,572/- Thus, there will be reduction of Rs.55,000/-. C.M.No.523-CII-2017 Reply to the application has been filed on behalf of respondent nos.1 to 3 in Court today, which is taken on record. For the reasons stated in the application, delay of 202 days in filing the appeal is condoned.

-3C.M.No.12592-CII-2017 Reply to the application under Order 41 Rule 27 CPC has been filed on behalf of respondent nos.1 to 3 in Court today, which is taken on record. Dismissed as not pressed.

January 18, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No