Punjab-Haryana High Court
Sohan Singh & Ors vs Pepsu Road Transport Corp. & Ors on 7 February, 2019
Author: Rekha Mittal
Bench: Rekha Mittal
FAO Nos.5345 and 5348 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 07.02.2019
FAO No.5345 of 2011 (O&M)
Sohan Singh and others ... Appellants
Versus
Pepsu Road Transport Corporation and others ... Respondents
FAO No.5348 of 2011 (O&M)
Sohan Singh ... Appellant
Versus
Pepsu Road Transport Corporation and others ... Respondents
CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL
Present : None for the appellants.
Mr. Sahil Garg, Advocate for
Mr. Sumit Jain, Advocate
for respondents No.1 and 2.
Ms. Navneet Kaur, Advocate for
Mr. G.S. Nahel, Advocate
for respondent No.3.
****
REKHA MITTAL, J. (Oral)
This order will dispose of FAO Nos.5345 and 5348 of 2011 as these have emerged out of the same accident that took place on 28.10.2006 in which Smt. Harvinder Kaur wife of Sohan Singh sustained injuries that proved fatal and Sohan Singh also sustained injuries in the occurrence.
FAO No.5345 of 2011 has been filed by the claimants seeking 1 of 4 ::: Downloaded on - 17-02-2019 12:49:28 ::: FAO Nos.5345 and 5348 of 2011 (O&M) -2- enhancement of compensation in regard to death of Smt. Harvinder Kaur whereas the other appeal has been preferred by injured-claimant Sohan Singh.
FAO No.5345 of 2011
The Tribunal has awarded compensation of Rs.2,66,000/-, detailed hereunder:-
1. Monthly value of services of the deceased Rs.3000/-2. Multiplier 11
3. Deduction for personal expenses 1/3rd
4. Loss of dependency Rs.2,64,000/-
5. Expenses on funeral Rs.2000/-
The plea of claimants is that deceased was employed as Teacher at Chopra Public Senior Secondary School, Machhiwara at salary of Rs.3000/- per month. She had been earning Rs.2000/- from tuition work and rendering service to the family worth Rs.3500/- per month. The Tribunal, in para 25 of the award, has noticed that claimants have not produced any document to prove employment of deceased Harvinder Kaur. As such, the Tribunal assessed loss of her services @ Rs.3000/- per month. Taking a clue from the notification issued by the State of Punjab fixing minimum wage at the relevant time coupled with that a housemaker has multifarious duties to perform particularly in the circumstances that the deceased left behind a family consisting of her husband, two sons and a daughter, value of services of the deceased is assessed at Rs.5000/- per month. There would not be any deduction for personal expenses in the light of Division Bench judgment of this Court Paramjit Singh and another 2 of 4 ::: Downloaded on - 17-02-2019 12:49:28 ::: FAO Nos.5345 and 5348 of 2011 (O&M) -3- Vs. Dilbagh Singh @ Bagga and others, 2013(3) Law Herald 2730. The deceased was less than 50 years of age, therefore, admissible multiplier is
13. In this manner, loss of dependency is calculated at Rs.7,80,000/- (5000 x 12 x 13).
Under conventional heads, claimants shall be entitle to Rs.15,000/- for funeral expenses and Rs.40,000/- for loss of consortium to Sohan Singh.
Total compensation is Rs.8,35,000/- and the additional amount is Rs.5,69,000/- (8,35,000 - 2,66,000), payable with interest @ 7.5% per annum from the date of petition till realization, to the claimants, in terms of the award passed by the Tribunal.
The appeal is partly allowed in the aforesaid terms. FAO No.5348 of 2011 With regard to injuries sustained by Sohan Singh, the Tribunal has awarded a sum of Rs.21,000/-, detailed hereunder:-
1. Medical expenses Rs.5000/-
2. Special diet Rs.5000/-
3. Loss of amenities Rs.5000/-
4. Attendant charges Rs.5000/-
5. Loss of income Rs.1000/-
In para 20 of the award, the Tribunal has noticed that Manoj Davis AW2 did not appear for his cross examination, therefore, his testimony cannot be taken into consideration nor the documents marked as Exs.A1 to A4 in his statement can be read into evidence. Sohan Singh claimant appeared in the witness box and deposed that he remained 3 of 4 ::: Downloaded on - 17-02-2019 12:49:28 ::: FAO Nos.5345 and 5348 of 2011 (O&M) -4- admitted in CMC Hospital, Ludhiana from 28.10.2006 to 04.11.2006 and operation for plating his right leg was conducted there. He visited CMC Hospital, Ludhiana as OPD patient for about 10/12 times by taxi. Taking into consideration the materials on record, the claimant is held entitle to additional amount of Rs.15,000/-, payable with interest @ 7.5% per annum from the date of petition till realization.
The appeal is partly allowed in the aforesaid terms.
07.02.2019 (REKHA MITTAL)
ashok JUDGE
Whether speaking/reasoned: Yes / No
Whether reportable: Yes / No
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