Geeta & ORS v. Randhir & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision : 06.02.2023 Geeta and Others ....Appellants

VERSUS

Randhir @ Dheera and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Rajiv Kumar Saini, Advocate for the appellants. Mr. Rajesh Kumar Sharma, Advocate for respondent no.3 ALKA SARIN, J. (Oral) The present appeal has been preferred by the claimantappellants against the award dated 02.07.2018 passed by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the 'Tribunal') whereby an amount of Rs.16,54,744/- has been awarded to the claimant-appellants on account of death of Rajinder (hereinafter referred to as the 'deceased') in a motor vehicle accident with Canter bearing registration no.HR-46C-6567 (hereinafter referred to as the 'offending vehicle'). Learned counsel for the claimant-appellants would contend that the only dispute in the present case is qua the quantum of compensation awarded to the claimant-appellants under the head of loss of consortium.

It is contended that the amount of compensation awarded under the other heads is as per the settled law. Learned counsel for the claimant-appellants has further contended that the Tribunal has only awarded Rs.40,000/- towards loss of consortium to claimant-appellant no.1 i.e. the wife of the deceased.

-2Company 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], they are also entitled to compensation of Rs.44,000/- each towards loss of parental consortium and loss of filial consortium.

Learned counsel for respondent no.3 has stated that sufficient amount of compensation has already been awarded by the Tribunal and hence there is no scope of any enhancement.

Heard.

In the present case the Tribunal has awarded the following compensation :

Sr. No.

Heads Compensation Awarded Monthly Income of the deceased Rs.10062 Future prospects @ 25% [10062 + 2515] = Rs.12577 Monthly dependency of the claimants after deduction of 1/4th [12577 - 3144] = Rs.9433 Annual income of the deceased [9433 X 12] = Rs.113196 Multiplier of 14 [113196 x 14] = Rs.1584744 Loss of Consortium Rs.40000 Loss of Estate Rs.15000 Funeral Expenses Rs.15000 Total Compensation Rs.1654744 Interest 6% per annum The compensation has rightly been awarded under all the other heads as per the settled law. However, an amount of Rs.40,000/- has only been awarded to appellant no.1 i.e. wife of the deceased towards loss of consortium and no amount has been awarded to the children as well as mother of the deceased. Keeping in view the fact that the amount of

-3Rs.40,000/- already stands paid to appellant no.1 - wife of the deceased - towards loss of consortium and hence there would be no enhancement to the said amount. As per the law laid down by the Hon'ble Supreme Court in the cases of Magma General Insurance Company Limited (supra) and N. Jayasree (supra), claimant-appellant nos.2 and 3, i.e. the children of the deceased, would be entitled to an amount of Rs.44000/- each towards loss of parental consortium and claimant-appellant no.4, who is the mother of the deceased, would be entitled to an amount of Rs.44000/- towards the loss of filial consortium.

In view of the above, the enhanced amount of compensation to which the appellant-claimants are entitled is re-calculated as under : Sr.

No.

Heads Compensation Awarded Annual Income of the deceased [10062 x 12] =Rs.120744 Annual dependency of the claimants after deduction of 1/4th [120744 - 30186] = Rs.90558 Future prospects @ 25% [90558 + 22640] = Rs.113198 Multiplier of 14 [113198 x 14] = Rs.1584772 Loss of Consortium (i) Spousal (ii) Parental (2 children) (iii) Filial Rs.40000 Rs.88000 (44000 x 2) Rs.44000 (Total Rs.172000) Loss of Estate Rs.15000 Funeral Expenses Rs.15000 Total Compensation Rs.1786772/- Amount Awarded by the Tribunal Rs.1654744/- Enhanced amount Rs.132028/- The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 6% from the date of

-4filing of the claim petition till realization of the entire amount. The enhanced amount shall be apportioned equally amongst the children and the mother of the deceased.

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. Whether reportable: YES/NO