High Court of Punjab and HaryanaFAO/5/2018disposed of

Nirmal @ Nirmala And ORS v. Gulshan Kumar And ORS

2022-07-12Mrs. Justice Manjari Nehru Kaul5 pages

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-05-2018 (O&M) Decided on : 12.07.2022 Nirmal @ Nirmala and others ...... Appellants

Versus

Gulshan Kumar and others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. R.K.Saini, Advocate for the appellants.

Mr. Lalit Garg, Advocate for Insurance Company/Cross-Objectors.

**** Manjari Nehru Kaul, J.(Oral) CM-4-CII-2018 Application is allowed as prayed for and the delay of 216 days in filing the appeal is condoned.

CM-2327-CII-2020 Application is allowed as prayed for and cross-objections filed by respondent No.3 are taken on record subject to all just exceptions. Main case Instant appeal has been preferred by the appellants-claimants, who are widow, two minor children and the parents of the deceased Sanjay, who lost his life in a motor vehicular accident, which took place on 01.10.2014. Learned Motor Accident Claims Tribunal, Hisar (hereinafter called as 'the Tribunal') vide impugned award dated 21.12.2016 in the claim petition under Section 166 of Motor Vehicles Act awarded the following

-2compensation to the claimants:- Monthly income Rs.7,500/- Annual income (Rs.7,500 x 12) Rs.90,000/- Deduction towards personal expenses Rs.22,500/- Dependency Rs.67,500/- Multiplier Total amount (Rs.67,500 x 17) Rs.11,47,500/- Loss of estate Rs.1,00,000/- Loss of love and affection Rs.1,00,000/- Transportation and Funeral expenses Rs.25,000/- Cost of litigation Rs.25,000/- Total compensation Rs.13,97,500/- The amount of compensation along with interest @ 7.5% p.a. was ordered to be paid jointly and severally by the respondents. As per the pleaded case of the claimants, the deceased was hit by the offending vehicle i.e. Innova Car bearing registration No.HR-57/4000 while he was going on his motorcycle from village Mundhal to Sorkhi. On account of the rash and negligent driving of respondent No.

1, the deceased received serious and multiple injuries on his person in the accident in question and died at the spot. FIR No.353 dated 02.10.2014 under Sections 279 and 304-A IPC was registered. It was claimed by the claimants that the deceased, who was 28 years of age, was a labourer and earning Rs.20,000/- per month. All the claimants were dependent upon the earnings of the deceased since he was the only earning member.

Learned counsel for the appellants-claimants have impugned the award by urging that the compensation awarded by the Tribunal is inadequate

-3and not in consonance with the settled law in Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, National Insurance Co. Vs. Pranay Sethi : 2017 SCC 270 and Magma General Insurance Co. Ltd. vs. Nanu Ram @ Chuhru Ram and others, 2018(4) RCR (Civil) 333 and hence, it deserves to be reassessed and modified accordingly. In the cross-objections filed by the Insurance Company, it has been submitted that the Tribunal has erred in assessing the income of the deceased as Rs.7,500/- per month whereas as per Haryana Government notification for the relevant period, the minimum wages of an unskilled worker had been notified at Rs.5,800/- per month.

It has also been argued that under the conventional heads also, the compensation awarded is exorbitant and not in consonance with the various pronouncements of the Hon'ble Supreme Court. Heard learned counsel for the parties and perused the case file. The claimants had pleaded that the deceased was earning Rs.20,000/- per month, however, the Tribunal assessed the monthly income of the deceased in the sum of Rs.7,500/- per month. No doubt, the minimum wages notified by the State Government for the relevant period was in the sum of Rs.5,800/- per month, however, this Court is of the considered opinion that the amount assessed as monthly income should be reduced to Rs.6,500/- per month as the claimants failed to adduce any evidence in support of their claim, qua the deceased's income being Rs.20,000/- per month.

Since the deceased was 28 years of age on the date of accident, hence, the claimants are entitled to an addition of 40% to the income of the deceased towards future prospects as per the settled law.

The compensation under conventional heads including

-4compensation towards loss of consortium to the widow of the deceased in the sum of Rs.1 lac admittedly is not in consonance with the settled law. However, at the same time it needs to be observed that no compensation has been granted to the two minor children and the parents of the deceased qua loss of parental and filial consortium. They would be thus, entitled to Rs.40,000/- each for loss of parental and filial consortium as per Pranay Sethi's case(supra). Rs.1 lakh granted to the widow of the deceased for loss of consortium being not in consonance with the settled law would stand reduced to Rs.40,000/-. The claimants would be entitled to Rs.15,000/- each for loss of estate and for funeral expenses, which requires to be modified.

Since it has been held by the Hon'ble Supreme Court that the aforesaid amounts would be subject to 10% enhancement after every three years, 10% enhancement qua the abovementioned conventional heads would have to be made. Hence, the amount of compensation under the conventional heads stands modified to Rs.16,500/- each for loss of estate & funeral expenses. Besides this, the claimants, who are wife, two minor children and parents of the deceased, are entitled to Rs.44,000/- each, for loss of spousal, parental and filial consortium respectively.

The compensation is reassessed and modified as follows: Monthly income Rs.6,500/- Future prospectus (40%) Rs.2,600/- Annual income (Rs.6,500 + Rs.2,600 = 9,100x 12) Rs.1,09,200/- Deduction towards personal expenses (1/4th) Rs.27,300/- Annual Dependency (Rs.1,09,200-Rs.27,300) Rs.81,900/- Multiplier

-5Total amount (Rs.81,900 x 17) Rs.13,92,300/- Loss of estate Rs.16,500/- Funeral expenses Rs.16,500/- Loss of consortium (Rs.44,000 x 5) Rs.2,20,000/- Cost of litigation Rs.25,000/- Total compensation Rs.16,70,300/- In the circumstances, the appellants-claimants are entitled to afore-detailed enhanced compensation of Rs.2,72,800/- (Rs.16,70,30013,97,500) along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its actual realization. With the above modifications, the instant appeal and the crossobjections stand disposed of. 12.07.2022 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No