Punjab-Haryana High Court
Smt. Santra Devi vs Paras Yadav And Others on 20 February, 2014
FAO No.1365 of 2002 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision : 20.02.2014
1) F.A.O. No.1365 of 2002 (O&M)
Smt. Santra Devi ...... Appellant
versus
Paras Yadav and others ...... Respondents
2) F.A.O. No.1368 of 2002 (O&M)
Suraj Bhan and another ...... Appellants
versus
Paras Yadav and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Arun Yadav, Advocate
for the appellants.
Mr. Satpal Dhamija, Advocate
for Mr. Ashwani Talwar, Advocate
for the respondent No.3-insurance company.
***
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
Copy of the paper books of both the appeals have been supplied and the same are taken on record.
Sharma Ashish 2014.03.25 13:07 I attest to the accuracy and integrity of this document Chandigarh FAO No.1365 of 2002 (O&M) -2-
These are two appeals arising out of the common award dated 07.09.2001. One appeal bearing FAO No.1365 of 2002 has been filed in an injury case and the other appeal bearing FAO No.1368 of 2002 has been filed in a death case for the enhancement of compensation.
Brief facts are that deceased Ram Bhateri and her real sister namely Smt. Santra (appellant) had gone to village Lambi in order to attend the marriage of a boy in their relations. While returning from there on 20.02.2000 they were standing at Panchgaon Chowk and waiting for some vehicle. Ultimately, they boarded on a four wheeler. At about 12.30 p.m. when they reached just ahead of village Sidharwali on National Highway No.8, a truck bearing No.RJ-14G-2752, being driven in a rash and negligent manner, came and struck against the four wheeler. As a result of the accident, Ram Bhateri and her sister Smt. Santra sustained multiple grievous injuries. They were taken to the hospital but Ram Bhateri succumed to the injuries.
Vide Ex.P4 the disability of the injured appellant was assessed as 10% on account of post traumatic stiffness of left knee with pain and weakness and the Tribunal awarded Rs.15,000/- for permanent partial disability, Rs.5000/- for medical expenses, Rs.10,000/- for pain and suffering, Rs.2000/- for transportation and Rs.3000/- for special diet and transportation.
In the death case, the Tribunal took the age of the deceased as 48 years and assessed the dependency at Rs.10,000/- p.m. by applying the deduction of 1/3rd. The Tribunal further applied the multiplier of 13 and Sharma Ashish 2014.03.25 13:07 I attest to the accuracy and integrity of this document Chandigarh FAO No.1365 of 2002 (O&M) -3- further awarded Rs.15,000/- under different heads. The total compensation awarded was Rs.1,45,000/-. In both the claim petitions the interest of 9% p.a. was granted.
As regards injuries suffered by Smt. Santra Devi, learned counsel for the appellants has argued that against the proved bills of Rs.11306/- only an amount of Rs.5000/- has been awarded by the Tribunal. He has further argued that the Tribunal erred in awarding inadequate compensation under the head of pain and suffering.
I find this to be correct. Consequently, I award Rs.5000/- more under the head of medical expenses and Rs.10,000/- more for pain and suffering.
As regards the death case of Ram Bhateri, learned counsel for the appellants has argued that once as per the post-mortem report the age of the deceased was assessed as 40 years there was no reason for the Tribunal to take it as 48 years.
I find that this is indeed so. Consequently, I hold that the age of the deceased was 40 years. Accordingly, the multiplier of 15 is ordered.
Learned counsel for the appellants has further argued that the deceased was 40 years old and has relied upon the judgment of the Hon'ble Supreme Court in the case of Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197. In the case of Lata Wadhwa (supra) for a woman of 65 years of age and for an accident that took place in the year 1989 the Hon'ble Supreme Court had estimated `3,000/- as her contribution to the family. In the present case, the accident took place in the year 2000 i.e. almost after 11 Sharma Ashish 2014.03.25 13:07 I attest to the accuracy and integrity of this document Chandigarh FAO No.1365 of 2002 (O&M) -4- years and therefore the contribution should be at least `4000/- p.m. I find merit in this argument. Consequently, I hold that the contribution of the deceased was Rs.4000/- p.m. Learned counsel for the appellants has further argued that under conventional heads some more amount has to be awarded and has relied upon the decision of the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others, (2013-3) PLR 776.
Keeping in view the entire conspectus of facts, I award `75,000/- more on account of loss of love and affection and on account of loss of consortium to the husband-widower. I further grant `25,000/- to the son on account of loss of love and affection. I further award `10,000/- more towards funeral expenses and transportation.
The enhanced amount shall be paid along with the same rate of interest as awarded by the Tribunal in both the appeals. Apart from the individual amount awarded, the apportionment and management would be as per the direction of the Tribunal.
The appeals are allowed in the above terms and the award is modified accordingly.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 20, 2014 JUDGE
ashish
Sharma Ashish
2014.03.25 13:07
I attest to the accuracy and
integrity of this document
Chandigarh