Sushila Devi @ Sushil And ORS v. Sat Narain And ORS
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 20.12.2017 Smt. Sushila Devi @ Sushil and ors.
...Appellants
Versus
Sat Narain and others
...Respondents
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sansar Kundu, Advocate for the appellants Ms. Vandana Malhotra, Advocate for respondent-Insurance Company.
RITU BAHRI J. (Oral) 1.
The present appeal has been preferred by the claimantsappellants, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal') to the tune of Rs.14,21,000/-, vide impugned award dated 16.02.2017.
2.
The facts which are not in dispute are that on 26.02.2016, Ashok (since deceased) and his uncle namely Raja started journey from village Gatauli to go to village Malvi. Ashok was driving motorcycle bearing registration No.HR-31-J-7928 and his uncle Raja was following him on another motorcycle. When they reached near the gate of new bus stand, Julana, in the meantime, driver of Haryana Roadways bus No. HR56-A-4600 came from Bus stand Julana and struck against the motorcycle of Ashok. Dur to this impact, Ashok suffered multiple injuries. Ashok was shifted to CHC Julana and on seeing his criminal injuries, he was referred to PGIMS Rohtak where during treatment he died on the same day.
-2the son of the claimants i.e Ranbir Singh was going on the road leading from Pinjore to Zirakpur while driving a motorcycle at a slow speed and on the correct side of the road. Navjeet Singh was sitting on the pillion seat of the aforesaid motorcycle. At about 11:15 A.M, when they reached near Traffic Light Points, Old Panchkula, a truck bearing registration No. HR68-A5325 came from their behind and struck against their motorcycle. The said truck was being driven by respondent No. 1 in a rash and negligent. 3.
As per the Tribunal, the deceased in the present case was bachelor and was 26 years old at the time of the accident. The Tribunal took the income of the deceased at Rs.8000/- per month, 1/4th was deducted towards personal expenses and thereafter, applied the multiplier of 18, in view of Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) Page 77. The claimants were awarded Rs.1 lacs towards loss of consortium, Rs.25,000/- for the last rites. The total compensation awarded to the claimants was Rs.14,21,000/-. 4.
The learned counsel for the claimants-appellants contends that the compensation awarded by the learned Tribunal is on the lower side and deserves to the enhanced, in view of the judgment ''Sarla Verma and others vs. Delhi Transport Corporation and another, 2009 (3) RCR (Civil) Page 77', 'Rajesh and others vs. Rajbir Singh and others, 2013 (9) SCC 54' and 'Munna Lal Jain and another vs. Vipin Kumar Sharma and others, 2015(3) Recent Apex Judgments 459', Asha Verman and others vs. Maharaj Singh and others, 2015(2) RCR (Civil) 520 and Kalpanaraj and others v. Tamil Nadu State Transport Corporation, 2015(2) SCC (Civil) 193.
5.
On the other hand, the learned counsel for the respondent-
-3Insurance Company has vehemently opposed the present appeal and referred to a judgment of Hon'ble the Supreme Court of India in a case of National Insurance Company Ltd vs. Pranay Sethi and others, passed in Spl Leave Petition (Civil) No. 25590 of 2014, decided on October 31, 2017 wherein the issue with regard to awarding of amount under the conventional heads has been authoritatively decided, while observing as under :- "54. As far as the conventional heads are concerned, we find it difficult to agree with the view expressed in Rajesh. It has granted Rs. 25,000/- towards funeral expenses, Rs. 1,00,000/-loss of consortium and Rs. 1,00,000/- towards loss of care and guidance for minor children. The head relating to loss of care and minor children does not exist. Though Rajesh refers to Santosh Devi, it does not seem to follow the same.
The conventional and traditional heads, needless to say, cannot be determined on percentage basis because that would not be an acceptable criterion. Unlike determination of income, the said heads have to be quantified. Any quantification must have a reasonable foundation. There can be no dispute over the fact that price index, fall in bank interest, escalation of rates in many a field have to be noticed. The court cannot remain oblivious to the same. There has been a thumb rule in this aspect. Otherwise, there will be extreme difficulty in determination of the same and unless the thumb rule is applied, there will be immense variation lacking any kind of consistency as a consequence of which, the orders passed by the tribunals and courts are likely to be unguided. Therefore, we think it seemly to fix reasonable sums.
It seems to us that reasonable figures on conventional heads, namely, loss of estate, loss of consortium and funeral expenses should be Rs.
-4Rs. 40,000/- and Rs. 15,000/- respectively. The principle of revisiting the said heads is an acceptable principle. But the revisit should not be factcentric or quantum-centric. We think that it would be condign that the amount that we have quantified should be enhanced on percentage basis in every three years and the enhancement should be at the rate of 10% in a span of three years. We are disposed to hold so because that will bring in consistency in respect of those heads.".
6.
I have heard learned counsel for the parties and perused the record.
7.
In the present case, the compensation is being reassessed as per the judgments mentioned above:- Sr.
No.
Heads Calculations (i) Salary Rs.8000/- per month (ii) 40% of (i) above to be added as future prospects= Rs.8000+Rs.3200=Rs.11200/- per month (iii) 1/4th of (ii) deducted as personal expenses of the deceased= Rs.11200-Rs.2800=Rs.8400 per month (iv) Compensation after multiplier of 17 is applied Rs.8400 X 12 X 17= Rs.17,13,600/- (v) Conventional heads (Loss of estate, funeral expenses) Rs.30,000/- (viii) Total Compensation awarded Rs.17,43,600/- Enhanced amount of compensation Rs.17,43,600-Rs.14,21,000=Rs.3,22,600/- rounded off to Rs.3,22,000/- 8.
The enhanced amount of compensation of Rs.3,22,000/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The appellants shall also get interest @ 9% per annum from the date of filing of the claim petition, in view of the judgment of Hon'ble the Supreme Court in a case of Kumari Kiran through her father Harinarayan vs. Sajjan Singh and others, 2015(1) SCC 539. The
-5remaining conditions of disbursal of amount shall remain unaltered. 09.
Accordingly, the award stands modified to the above extent and the present appeal is partly allowed.
20.12.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No