Punjab-Haryana High Court
Virender Singh And Ors vs Balwant Singh And Ors on 20 August, 2018
Author: Rekha Mittal
Bench: Rekha Mittal
FAO 4978 of 2014 and connected matter 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Date of decision: 20.08.2018
FAO 4978 of 2014 (O&M)
Virender Singh and others .....Appellants
Versus
Balwant Singh and others .......Respondents
FAO 4979 of 2014 (O&M)
Virender Singh and others .....Appellants
Versus
Balwant Singh and others .......Respondents
Coram: Hon'ble Mrs. Justice Rekha Mittal
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Present: Mr. Gurinder Pal Singh, Advocate
for the appellants
Mr. A S Sidhu, Advocate
for respondent No. 3
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Rekha Mittal, J. (Oral)
This order will dispose of aforesaid appeals as these have emerged out of the same award dated 03.12.2013 passed by the Motor Accidents Claims Tribunal, Rewari (hereinafter to be referred as 'the Tribunal') whereby compensation has been assessed on account of death of Smt. Ram Ratti Devi and Rohtash Singh in a motor vehicular accident that took place on 27.04.2012.
FAO 4978 of 2014 With regard to death of Ram Rati Devi, the Tribunal has awarded compensation of Rs.3,66,400.00, detailed hereunder:-
Monthly loss of services of Rs.5,000.00 deceased 1 of 3 ::: Downloaded on - 07-10-2018 02:16:41 ::: FAO 4978 of 2014 and connected matter 2 Deduction for personal expenses 1/3rd Multiplier 9 Loss of dependency Rs.3,56,400.00 Loss to estate Rs.5,000.00 Transportation and last rites Rs.5,000.00 Application for compensation has been filed by two sons, aged 38 and 33 years and daughter aged 29 years of deceased Ram Ratti Devi.
The deceased was 58 years old at the time of occurrence. The value of services of deceased assessed by the Tribunal is correct and affirmed. However, no deduction for personal expenses would be made in the light of Division Bench judgment of this Court in Paramjit Singh and another vs Dilbagh Singh alias Bagga and others, 2014 (4) R.C.R. (Civil) 895. Multiplier allowed by the Tribunal is correct and affirmed.
In view of the above, loss of dependency is calculated at Rs.5,40,000.00 (Rs.5000 x 12 x 9).
Under conventional heads, compensation allowed by the Tribunal is modified to the extent that claimants shall be entitled to Rs.15,000.00 towards funeral and last rites, in the light of judgment of Hon'ble the Supreme Court National Insurance Company Limited v. Pranay Sethi and others, 2017 SC 1270.
Total compensation is Rs.5,55,000.00 (Rs.5,40,000.00 + Rs.15,000.00) and the additional amount is Rs.1,88,600.00 (Rs.5,55,000.00
- Rs.3,66,400.00) payable with interest at the rate of 7.5% per annum from the date of petition till realization, in terms of the award.
The appeal is partly allowed in the aforesaid terms. FAO No. 4979 of 2014 The Tribunal has assessed compensation of Rs.7,22,800.00, in 2 of 3 ::: Downloaded on - 07-10-2018 02:16:41 ::: FAO 4978 of 2014 and connected matter 3 regard to death of Rohtash Singh, detailed hereunder:-
Monthly income of the deceased Rs.10,000.00 Deduction for personal expenses 1/3rd Multiplier 9 Loss of dependency Rs.7,12,800.00 Loss to estate Rs.5,000.00 Expenses of last rites and Rs.5,000.00 transportation Compensation assessed by the Tribunal with regard to loss of dependency is correct and does not warrant intervention. However, compensation allowed under conventional heads needs enhancement and the same would be Rs.30,000.00, in the light of judgment of Hon'ble the Supreme Court in Pranay Sethi's case (supra), detailed hereunder:-
Expenses of funeral and last rites Rs.15,000.00 Loss of estate Rs.15,000.00 In view of the above, claimants shall be entitled to additional sum of Rs.20,000.00 with interest @ 7.5% per annum from the date of petition till realization, in terms of the award.
The appeal is partly allowed in the aforesaid terms.
(Rekha Mittal)
Judge
20.08.2018
mohan bimbra
Whether speaking/reasoned: Yes/No
Whether reportable : Yes/No
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