Punjab-Haryana High Court
Sunita Devi & Others vs Pepsu Road Transport Corporation & ... on 19 October, 2012
Author: Rajan Gupta
Bench: Rajan Gupta
FAO No.4686 of 2011 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
FAO No.4686 of 2011
Date of decision: October 19, 2012
Sunita Devi & others ...Appellants
Versus
Pepsu Road Transport Corporation & others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.K. Biriwal, Advocate for the appellants.
Mr. G.S. Gill, Advocate for respondent No.1.
Mr. Amit Aggarwal, Advocate for respondent No.4.
Rajan Gupta, J.
Dissatisfied with the quantum of compensation granted by the tribunal, claimants have preferred instant appeal before this court.
Learned counsel for the appellants submits that the deceased was 40 years of age at the time of his death. Tribunal has, however, applied multiplier of 14 which is on the lower side. According to him, multiplier of 16 should have been applied in view of second schedule of Motor Vehicles Act as the claim petition was filed under Section 163-A of the Act.
Learned counsel appearing for the insurance company submits that adequate compensation has been granted by the tribunal after taking into account facts and circumstances of the case.
I have heard learned counsel for the parties and given careful thought to the facts of the case.
It appears that an accident took place on 11.7.2007 in which FAO No.4686 of 2011 2 one Varinder Singh alias Barinder Singh died. Claim petition was preferred by his legal heirs before the tribunal. After the court came to the conclusion that offending vehicle was being driven in rash and negligent manner, it awarded compensation to the tune of Rs.3,36,000/-, taking the monthly income of the deceased as Rs.3000/- and dependency as Rs.2000/- i.e. Rs.24,000/- per annum. A multiplier of 14 was applied. Besides, Rs.2000/- was granted on account of expenses on last rites, Rs.5000/- for loss of consortium and Rs.10,000/- for loss of love and affection. A total compensation of Rs.3,53,000/- was granted by the tribunal. I am inclined to accept the plea of the appellants they are entitled to a multiplier of 16. Computed in this manner, compensation would be enhanced by another sum of Rs.48,000/-. Appeal is allowed in these terms. Award of the Tribunal is modified to this extent. Rest of the award is maintained as such. Awarded amount be disbursed in the same proportion and same manner as done by the Tribunal.
(RAJAN GUPTA) JUDGE October 19, 2012 'rajpal'