Punjab-Haryana High Court
Kajal And Ors vs Rohtas And Ors on 2 July, 2018
Author: Ritu Bahri
Bench: Ritu Bahri
FAO No.3939 of 2015 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.3939 of 2015
Date of Decision: 02.07.2018
Kajal and others .......Appellants
Vs.
Rohtas and others ........Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr.Parminder Singh, Advocate, for the appellants.
Mr.M.B.Jain, Advocate, for
respondent No.3/Insurance Company.
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RITU BAHRI, J. (ORAL)
Present appeal has been preferred by the claimants-appellants (for short 'the appellants'), against award dated 17.01.2015 passed by the learned Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal') vide which compensation to the tune of Rs.5,36,800/- was awarded to the claimants on account of death of Namita wife of Siri Chand in a motor vehicular accident.
FACTS NOT IN DISPUTE On 04.04.2013, Smt.Namita went to Nissing for some personal work of the family and for returning from Nissing to village Sambhli, she was in the way to get conveyance and when she reached near State Ware House, Nissing, the offending tractor Swaraj 735 bearing No.HR-21A-9097 came from behind and hit her and run over her body. On receiving information about of the death of Namita in the accident at about 12:30 p.m. in the village, claimants reached at the spot and found that she was having 1 of 4 ::: Downloaded on - 19-08-2018 01:05:11 ::: FAO No.3939 of 2015 2 injuries on the various parts of her body. A formal FIR No.140 dated 04.04.2013 for the offence under Sections 279 and 304-A of the Indian Penal code has been registered.
COMPENSATION ASSESSED BY MACT The Tribunal held that the deceased was 45 years old at the time of his death. The claimants failed to produce on the record any documentary evidence regarding income of the deceased as such her income was assessed by the learned Tribunal as Rs.4200/- per month. The factum of accident had been proved and the offending vehicle was insured with respondent No.3- Insurance Company. The compensation has been assessed as under:
Sr.No. Heads of compensation Amount
1 Income as casual Rs.4200/ -per month
labourer
2. Deduction 1/3th Rs.4200/- --- Rs.1400/-=
Rs.2800/-
3. Total loss of dependency Rs.2800/- X 12 X 13=
after applying multiplier Rs.4,36,800/-
4. Loss of love and Rs.50,000/-
affection
5. Funeral expenses Rs.50,000/-
Total Rs.5,36,800/-
Learned counsel for the claimant-appellant contends that the compensation awarded by the Tribunal is on the lower side and deserves to the enhanced, in view of the judgment ''United India Insurance Company Limited Vs. Sube Singh and others passed in FAO No.218 of 2014". On the other hand, the learned counsel for the respondents have vehemently opposed the present appeal.
RE-ASSESSED COMPENSATION I have heard learned counsel for the parties and perused the record.
2 of 4 ::: Downloaded on - 19-08-2018 01:05:12 ::: FAO No.3939 of 2015 3 As per judgment of ''United India Insurance Company Limited Vs. Sube Singh and others passed in FAO No.218 of 2014", deceased was 40 years old lady and the co-ordinate Bench has considered that to tag a house wife as a 'skilled' worker alone does not do complete justice to her multifarious role as a home manager. It has been further observed that a house wife is something more than a mere skilled worker it would not be unreasonable to estimate the contribution of the deceased in the present case at a higher figure. Being a housewife, her income has been assessed at Rs.9,000/- per month and no deduction has been made on the income part. As such, in the present case, income of the deceased-Namita is taken as Rs.9,000/- and no cut shall be imposed thereof.
It is not in dispute that the offending vehicle was fully insured with the Insurance company. Following the ratio of law laid down by Hon'ble the Supreme Court in the above mentioned judgment, the compensation has to be re-assessed as follows:-
Sr.No. Heads of compensation Amount
1 Income as per minimum Rs.9,000/- per month
wages
2. Total loss of dependency Rs.9000/- X14 X12=
after applying multiplier Rs.15,12,000/-
5. Conventional heads Rs.15,000/-
Total Rs.15,27,000/-
Enhanced amount of Rs.15,27,000/- -----
compensation Rs.5,36,800/-= Rs.09,90,200/-
Resultantly, the enhanced amount of compensation of
Rs.09,90,200/- shall be payable within a period of forty five days from the date of receipt of certified copy of this order. The enhanced amount of compensation shall carry interest @ 7.5%% per annum from the date of filing of the claim petition, till its realization, in view of the judgment of 3 of 4 ::: Downloaded on - 19-08-2018 01:05:12 ::: FAO No.3939 of 2015 4 Hon'ble the Supreme Court in a case of Shri Nagar Mal and Ors. Vs. The Oriental Insurance Company Limited and Others passed in Civil Appeal No.448 of 2018. Remaining conditions of disbursal of amount shall remain unaltered. With the aforesaid modification in the impugned award, the appeal is allowed to the above extent and cross-objection is disposed of.
(RITU BAHRI) JUDGE 02.07.2018 anil Whether speaking/reasoned Yes/No Whether reportable Yes/No 4 of 4 ::: Downloaded on - 19-08-2018 01:05:12 :::