Punjab-Haryana High Court
Rajo Devi vs Mahender Masih And Others on 20 January, 2014
F.A.O No.5850 of 2011(O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision : January 20, 2014
1. F.A.O No.5850 of 2011(O&M)
Rajo Devi vs Mahender Masih and others
2. F.A.O No.5851 of 2011
Gaje Singh & another vs Mahender Masih and others
3. F.A.O No.5852 of 2011
Vinod Kumar vs Mahender Masih and others
4. F.A.O No.5853 of 2011
Jora Singh and another vs Mahender Masih and others
5. F.A.O No.5854 of 2011
Sheona Devi vs Mahender Masih and others
6. F.A.O No.5857 of 2011
Vinod Kumar vs Mahender Masih and others
7. F.A.O No.5858 of 2011
Ram Phal vs Mahender Masih and others
8. F.A.O No.5859 of 2011
Dalbir Singh and others vs Mahender Masih and others
9. F.A.O No.5860 of 2011
Rekha Rani vs Mahender Masih and others
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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
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Present : Mr. Vivek Goyal, Advocate
for the appellants.
Kumar Kishan
2014.03.13 10:17
I attest to the accuracy and
integrity of this document
High Court Chandigarh
F.A.O No.5850 of 2011(O&M) ::2::
Mr. Vikas Chatrath, Advocate
for respondent No.3/Insurance Company.
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1. Whether Reporters of Local Newspapers 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 ?
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AJAY TEWARI, J (Oral)
This order shall dispose of FAO Nos.5850 to 5854 and 5857 to 5860 of 2011, as the same arise from the same Award.
Brief facts are that on 23.01.2010 Santro wife of Ram Mehar, Binder wife of Sadhu Ram, Sona wife of Ishwar Singh, Roshni wife of Chander Bhan, Kelo wife of Sawera, Abhishek son of Ram Mehar, Rekha wife of Dalbir, Sona wife of Ramphal, Sunita wife of Raghbir, Ashu d/o Dalbir, Krishna wife of Ram Chander, Rekha wife of Vinod, Ishu d/o Vinod, Saroj wife of Dalbir, Nareshi w/o Gaje Singh, Sudesh w/o Jora, Om Pati w/o Chandi Ram and Gian Pati w/o Ramphal, after paying obeisance at Bhanbhori Mata Temple, were coming back in TATA Sumo vehicle, being driven by Satish Kumar and when they reached five killas ahead of Hatho Chowk towards Kalayat, from the opposite side a milk tanker (offending vehicle) hit the TATA Sumo, which fell down in the ditches. All the persons sitting in the TATA Sumo received injuries and Rekha wife of Vinod, Ishu d/o Vinod, Saroj wife of Dalbir, Nareshi w/o Gaje Singh, Sudesh w/o Jora, Om Pati w/o Chandi Ram and Gianpati w/o Ram Phal and the driver Satish Kumar died on the spot.
The Tribunal held respondent No.1-driver of the offending vehicle responsible for causing the accident.
Kumar Kishan In the case of Rajo Devi, the Tribunal assessed the income of 2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.5850 of 2011(O&M) ::3::
the deceased as Rs.3,000/- per month, monthly dependency as Rs.1500/-, and after applying multiplier of 17, assessed the compensation as Rs.3,06,000/-. A further sum of Rs.10,000/- was awarded towards loss of love and affection and funeral expenses. Interest @ 7% p.a was awarded on the total amount of compensation.
In the case of Gaje Singh, the Tribunal held that since there was no proof of income or bank account, assessed the annual contribution of the deceased as Rs.18,000/- and after applying multiplier of 16, assessed the compensation as Rs.2,88,000/-. A further sum of Rs.10,000/- was awarded towards loss of consortium and funeral expenses.
In the case of Vinod Kumar, the Tribunal held that since there was no proof of income or bank account, assessed the annual contribution of the deceased as Rs.18,000/- and after applying multiplier of 17, assessed the compensation as Rs.3,06,000/-. A further sum of Rs.10,000/- was awarded towards loss of consortium and funeral expenses.
In the case of Jora Singh, the Tribunal held that since there was no proof of income or bank account, assessed the annual contribution of the deceased as Rs.18,000/- and after applying multiplier of 17, assessed the compensation as Rs.3,06,000/-. A further sum of Rs.10,000/- was awarded towards loss of consortium and funeral expenses.
In the case of Sheona Devi, the Tribunal awarded Rs.36,453/- towards medical expenses, Rs.24,000/- towards 12% disability suffered by the claimant, Rs.10,000/- towards pain and suffering and Rs.3000/- towards special diet, Rs.5,000/- towards transportation, total Rs.78,453/- along with interest @ 7% pa.
Kumar Kishan2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh
F.A.O No.5850 of 2011(O&M) ::4::
In the case of Vinod Kumar, the Tribunal awarded a lump sum of Rs.50,000/- for the death of daughter of the claimant.
In the case of Ram Phal, the Tribunal held that since there was no proof of income or bank account, assessed the annual contribution of the deceased as Rs.18,000/- and after applying multiplier of 16, assessed the compensation as Rs.2,88,000/-. A further sum of Rs.10,000/- was awarded towards loss of consortium and funeral expenses.
In the case of Dalbir Singh, the Tribunal held that since there was no proof of income or bank account, assessed the annual contribution of the deceased as Rs.18,000/- and after applying multiplier of 17, assessed the compensation as Rs.3,06,000/-. A further sum of Rs.10,000/- was awarded towards loss of consortium and funeral expenses.
In the case of Rekha Rani, the Tribunal awarded Rs.1,80,000/- towards 90% disability suffered by the claimant, Rs.25,000/- towards pain and suffering, Rs.8,000/- towards special diet, total Rs.3,69,542/- along with interest @ 7% p.a. In all the cases, the Tribunal held respondents No.1 to 3 liable jointly and severally to pay the compensation to the claimants.
As regards Rajo Devi, counsel for the appellant has argued that the Tribunal erred in assessing minimum wages as Rs.3000/-. He has further argued that keeping in view the age of the deceased, the Tribunal has applied multiplier of 17 which is on lower side and that a meager amount of Rs.10,000/- has been awarded towards love and affection and funeral expenses. He has placed reliance upon the judgments of the Hon'ble Supreme Court in Rajesh and others vs Rajbir Singh and others, 2013(9) Kumar Kishan 2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.5850 of 2011(O&M) ::5::
SCC 54, and Vimal Kanwar and others vs Kishore Dan and others, 2013 (3) PLJ(SC) 251.
Though there is no proof of income, in view of the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197, I deem it appropriate to take the contribution as ` 4,000/- per month, and increase of Rs.1.15 lac towards conventional heads. Since the age of the deceased was 22 years, I fix multiplier of 18. I further award interest @ 7.5% pa instead of 7% pa.
As regards Gaje Singh and another, keeping in view the facts and circumstances of the case, I assess Rs.4,000/- per month as contribution of the deceased. Since the age of the deceased was 30 years, multiplier of 17 would be appropriate. As regards conventional expenses, I award Rs.1 lac to the minor and increase of Rs.1,00,000/- towards loss of consortium and love and affection and funeral expenses.
As regards Vinod Kumar, counsel for the appellant has argued that the Tribunal erred in assessing minimum wages as Rs.1500/-. He has further argued that keeping in view the age of the deceased, the Tribunal has applied multiplier of 17 which is on lower side and that a meager amount of Rs.10,000/- has been awarded towards love and affection and funeral expenses.
Though there is no proof of income, in view of the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197, I deem it appropriate to take the contribution as ` 4,000/- per month. Since the deceased was 23 years old, I fix multiplier of 18. As there is no surviving issue from the marriage, I grant Rs.1.15 lac towards Kumar Kishan 2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.5850 of 2011(O&M) ::6::
loss of consortium and love and affection and funeral expenses.
As regards Jora Singh and another, counsel for the appellants has argued that the Tribunal erred in assessing minimum wages as Rs.1500/-. He has further argued that keeping in view the age of the deceased, the Tribunal has applied multiplier of 17 which is on lower side and that a meager amount of Rs.10,000/- has been awarded towards love and affection and funeral expenses.
Though there is no proof of income, in view of the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197, I deem it appropriate to take the contribution as ` 4,000/- per month. Since the deceased was 24 years old, I fix multiplier of 18. I further grant Rs.1 lac to the husband towards loss of consortium and loss of love and affection, Rs.1 lac to the minor son towards loss of love and affection, and Rs.15,000/- more towards funeral expenses.
As regards Sheona Devi, counsel for the appellant has argued that the amount awarded on account of pain and suffering and special diet is highly inadequate.
Counsel for the Insurance Company has argued that from the record, it is not shown as to what injury was suffered by the claimant and what was the requirement of special diet. In the circumstances, he has opposed the increase of any amount to the claimant.
I do not fully agree with counsel for the Insurance Company and grant an increase of Rs.12,000/- on the heads of pain and suffering and special diet.
As regards Vinod Kumar, counsel for the appellant has argued Kumar Kishan 2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.5850 of 2011(O&M) ::7::
that a lump sum of only Rs.50,000/- has been awarded for the death of daughter of the claimant. He has placed reliance on the decision of the Hon'ble Supreme Court in Manju Devi vs Musafir Paswan, 2005(7) SLT 257, wherein a sum of Rs.2,25,000/- was awarded.
Following the dictum in Manju Devi's case (supra), I grant a lump sum of Rs.2.25 lacs for the death of minor daughter of the claimant.
As regards Ram Phal, counsel for the appellant has argued that the Tribunal erred in assessing minimum wages as Rs.1500/-. He has further argued that keeping in view the age of the deceased, the Tribunal has applied multiplier of 16 which is on lower side and that a meager amount of Rs.10,000/- has been awarded towards love and affection and funeral expenses.
Though there is no proof of income, in view of the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197, I deem it appropriate to take the contribution as ` 4,000/- per month. Since the age of the deceased was 29 years, I fix multiplier of 17. I further grant Rs.1 lac to claimant No.1-husband towards loss of consortium and loss of love and affection, and Rs. 1 lac each to claimants No.2 to 5 on account of loss of love and affection. In addition to the above, Rs.15,000/- more are also awarded towards funeral expenses.
As regards Dalbir Singh and others, counsel for the appellants has argued that the Tribunal erred in assessing minimum wages as Rs.1500/-. He has further argued that keeping in view the age of the deceased, the Tribunal has applied multiplier of 17 which is on lower side and that a meager amount of Rs.10,000/- has been awarded towards love Kumar Kishan 2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.5850 of 2011(O&M) ::8::
and affection and funeral expenses.
Though there is no proof of income, in view of the decision of the Hon'ble Supreme Court in Lata Wadhwa Vs. State of Bihar 2001(8) SCC 197, I deem it appropriate to take the contribution as ` 4,000/- per month. Since the age of the deceased was 25 years, I fix multiplier of 18. I further grant Rs.1 lac to the husband towards loss of consortium and loss of love and affection, and Rs. 1 lac each to two minor children towards loss of love and affection. I also grant increase of Rs.15,000/- towards funeral expenses.
As regards Rekha Rani, counsel for the appellant has argued that the Tribunal has erred in awarding a meager sum towards 90% disability suffered by the claimant and that no amount has been awarded towards medical attendant.
Keeping in view the facts and circumstances of the present case, I enhance the compensation to Rs.10 lacs towards medical attendant expenses. The said amount will be deposited in a fixed deposit. The interest amount will go to the claimant and on the death of the appellant, the said fixed deposit will be refunded back to the Insurance Company by the Bank. I also award Rs.2.50 lacs to the claimant towards pain and suffering.
It is made clear that the rate of interest in all the cases would be 8 % p.a instead of 7% p.a. It is further made clear that as regards the minor claimants, the arrangement made by the Tribunal shall be followed. As regards the adult claimants, no amount would be needed to be kept in the fixed deposit/s. As regards the amounts awarded to the individual claimant, the same will be paid individually and rest of the increased amount/s Kumar Kishan 2014.03.13 10:17 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.5850 of 2011(O&M) ::9::
would be divided in the same proportion as has been done by the Tribunal.
The Appeals stand disposed of in the above terms.
( AJAY TEWARI )
January 20, 2014 JUDGE
`kk'
Kumar Kishan
2014.03.13 10:17
I attest to the accuracy and
integrity of this document
High Court Chandigarh