Punjab-Haryana High Court
Suman And Others vs Satpal And Others on 12 November, 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 4468 of 2012 (O&M).
Date of Decision: 12.11.2013.
Suman and others .... Appellants
Versus
Satpal and others .... Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Nonish Kumar, Advocate, for the appellants.
Mr. Rajbir Singh, Advocate for Mr. Sanjeev Goyal, Advocate, for the insurance company.
NAWAB SINGH.J (ORAL) This claimants' appeal is directed against the st Award dated May 1 , 2012 passed by the Motor Accident Claims Tribunal, Karnal (for short "the Tribunal").
2. During pendency of this appeal, matter was th referred to Lok-Adalat of this Court. On August 8 , 2013 the Lok Adalat passed the following order:-
"Rajinder aged about 34 years, died in a motor vehicle accident. His widow, minor child and parents claimed compensation. The Tribunal assessed earning capacity of the deceased at Rs6,000/- per month as he was driver by rd profession, deducting 1/3 for personal expenses and applying multiplier of 16, worked out compensation and some amount towards funeral expenses and loss of consortium etc. Was allowed. Total compensation of Rs7,83,000/- was granted to the claimants by the Tribunal. Claimants are in appeal.Sanjay 2013.11.25 14:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court FAO No. 4468 of 2012 (2)
Learned counsel for the appellants states that the th claimants being four, 1/4 should have been deducted for personal expenses in view of the judgment passed by Hon'ble Supreme Court in Sarla Verma's Case. While doing so, dependency would come to Rs4500/- and applying multiplier of 16, compensation would work out to Rs8,64,000/. A sum of Rs1,00,000/- more for loss of consortium to the widow and Rs25,000/- towards funeral expenses etc. Should be granted to the claimants as per recent judgement of Hon'ble Supreme Court in Civil Appeal No. 3860 of 2013 Rajesh and others Vs. Rajbir Singh and others decided on 12.04.2013. In this manner, total compensation payable would be Rs.9,89,000/-. The tribunal granted Rs7,83,000/- and the remaining amount would be Rs.2,06,000/-. Learned counsel for the appellants has made the statement to accept Rs.1,50,000/- (Rupees One lac Fifty Thousand only) more in this appeal for the purpose of compromise and he further states that the appellant would give up their further claim for 30% increase on account of future prospective increase in the wages and interest. If this amount is paid within reasonable time and concurrence is given by the next date of hearing."
3. In view of above, this Court awards compensation of 9,89,000/- to the claimants-appellants as per the calculations made above. The appellants are held entitled to total compensation of Rs.9,89,000/-, that is, Rs.2,06,000/- over and above the amount awarded by the Tribunal. The interest on the enhanced amount of compensation shall be paid from the date of filing claim application till the amount was deposited by the insurance company under the Sanjay 2013.11.25 14:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court FAO No. 4468 of 2012 (3) impugned Award at the same rate of interest as was awarded by the Tribunal.
4. The appeal is disposed of in the manner indicated above.
12.11.2013. (NAWAB SINGH) SN JUDGE Whether Refer to reporter : Yes/No Sanjay 2013.11.25 14:13 I attest to the accuracy and integrity of this document Punjab and Haryana High Court