Punjab-Haryana High Court
Smt. Kaushalya & Others vs Mukesh Sharma & Others on 23 January, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.54991 of 2011.
Date of Decision : 23.1.2012.
Smt. Kaushalya & others
...... Appellants
Versus
Mukesh Sharma & others
...... Respondents
CORAM : HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Pawan Hooda, Advocate,
for the appellants.
NAWAB SINGH J.(ORAL)
This claimants' appeal is directed against the Award dated January 13th, 2011 passed by Motor Accident Claims Tribunal, Panipat (for short "the Tribunal") whereby an amount of Rs.7,98,038/- along with interest at the rate of 7.5% per annum was awarded to the applicants on account of death of Ranbir Singh.
2. On May 14th, 2009 Ranbir Singh met with an accident with a car bearing No. HR-60-A-8811 on account of negligence of its driver Mukesh Sharma-respondent No.1 herein. First Information Report No.286 dated May 14th, 2009 was registered in Police Station Chandni Bagh, Panipat against Mukesh Sharma. Ranbir Singh was brought to Prem Hospital where he succumbed to his injuries on May 21st, 2009. It was averred that Ranbir Singh was an ex-serviceman and was working as Security Guard in two organizations. He was Gunman in ICICI Bank, G.T. Road, Panipat and Haryana Rajya Sainik BBMB, Sewah, Panipat and was drawing salary of Rs.6217/- and Rs.6761/- respectively. He was 48 years old
3. Learned counsel for the appellants has assailed the Award of the Tribunal on the grounds that (i) salary of the deceased was Rs.6217+6761= Rs.12,978/- so, the Tribunal should have assessed the salary of the deceased at Rs.12,978/- instead of Rs.6761/-; (ii) 1/3rd of the amount was deducted for his personal and FAO No.54991 of 2011 (2) living expenses which should have been 1/4th because he has left behind a widow and two sons and; (iii) the Tribunal applied the multiplier of 13 whereas it should have been 16.
4. The arguments of learned counsel for the appellant are devoid of merit. A perusal of the Award shows that Varinder Kumar, Area Manager, G.I. Group Network Security Technology Private Limited, Delhi (PW-4) on the basis of record deposed that Ranbir Singh worked as Gunman in ICICI Bank from March 10th, 2006 to February 27th, 2009. Thereafter, he joined Haryana Rajya Sainik Board BBMB, Panipat and his salary was Rs.6761/- as was deposed by Balraj, Clerk in Haryana Rajya Sainik Board, Sainik Pariwar Bhawan, Panchkula (PW-5).
5. With this overwhelming evidence on record, it cannot be stated from any angle that the deceased was working in two organizations and was drawing a salary of Rs.12,978/-. It is proved that Ranbir Singh was working as a Gunman in Haryana Sainik Board, MMBM, Panipat and his salary was Rs.6761/- per month. This being so, the submission of the counsel for the appellant is rejected.
6. As regards 1/3rd deduction as the personal and living expenses of the deceased and application of the multiplier of 13, having regard to the age of the deceased at the time of death (48 years), same were rightly applied by the Tribunal as per the judgment of the Hon'ble Supreme Court in Smt. Sarla Verma and others versus Delhi Tansport Corporation and another 2009(3) RCR (Civil) 77.
7. In view of this, there is no ground to interfere in the impugned Award. Hence, the appeal is dismissed.
(NAWAB SINGH) JUDGE 23.1.2012.
SN