Punjab-Haryana High Court
Latifan vs Jangsher Singh And Others on 4 July, 2013
Bench: Sanjay Kishan Kaul, Augustine George Masih
LPA No. 227 of 1998 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
LPA No. 227 of 1998
Date of Decision : July 04, 2013
Latifan
.... APPELLANT
Vs.
Jangsher Singh and others
..... RESPONDENTS
CORAM :HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Karan Bhardwaj, Advocate, for Pt. Hari Om Sharma, Advocate, for the appellant.
None for the respondents.
SANJAY KISHAN KAUL, CHIEF JUSTICE (Oral) Parents of deceased Sat Pal filed the claim petition under Sections 166,140 and 141 of the Motor Vehicle Act, 1988 (hereinafter referred to as '1988 Act') seeking compensation of ` 2,50,000/-. The death of deceased Sat Pal took place in accident on 14.05.1989 on Bilaspur Road due to rash and negligent driving by respondent No. 1 while driving Maruti Car.
The MACT determined the amount payable as `43,200/- but on account of adverse finding under Issue No. 1 of the limitation dismissed the petition. This order was assailed in FAO No. 839 of 1992. Learned Single Judge in terms of the impugned order dated 04.05.1992 has set aside the findings qua bar of limitation and thus, held the appellant entitled to compensation of `43,200/-. LPA No. 227 of 1998 2
One of the pleas advanced before us by the learned counsel for the appellant is for the enhancement the compensation to ` 50,000/- on parity with the principle of no fault liability in view of the amendment to Section 140 (2) of the 1988 Act as amended on 14.11.1994.
Learned counsel has drawn our attention to the judgment of the Single Judge of this Court in Sumitra Devi vs. Danesh Kumar, 1997 (2) ACJ 981, wherein it was held that the intention of the Legislature for providing higher rate of compensation is due to diminishing value of rupee and thus, the amount would naturally be payable to cases involving accidents prior to the date of amendment.
This contention of the counsel for the appellant cannot be accepted in the light of the judgment of the Supreme Court in the case of State of Punjab and others vs. Bhajan Kaur and others, 2008 AIR (SC) 2276 and Pepsu Road Transport Corporation Patiala vs. Kulwant Kaur and others, 2009(4) SCC 32, wherein it has been held that Section 140 of the 1988 Act was amended on 14.11.1994 and the said amendment would be prospective and not retrospective. That being so, enhancement of compensation, as prayed for under the 'no fault liability' clause as provided under Section 140 of the 1988 Act, cannot be granted as the accident took place on 14.05.1989, which is prior to the date of amendment brought about in Section 140 of the 1988 Act.
We have gone through the records of the case and are of the considered view that though the aforesaid argument to award LPA No. 227 of 1998 3 compensation of ` 50,000/- under 'no fault liability' clause is not applicable, however, the dependency of the claimants on the deceased, which has been assessed at ` 300/- per month, is on the lower side and the same, in the facts and circumstances of the case, deserves to be enhanced keeping in view the fact that the deceased was earning ` 2500/- per month while working as a Timber Contractor. Accordingly, the dependency is assessed at ` 350/- per month and applying the multiplier of 12 in the instant case, the compensation payable to the claimants shall work out to ` 50,400/-.
In view of the aforesaid facts and circumstances, there being no opposition on behalf of respondent No. 2-Insurance Company or any other party, who have remained unrepresented despite the case called at 3 P.M., we allow the appeal to the limited extent of enhancing compensation from `43,200/- to `50,400/- along with interest thereon @ 12%. The difference amount be remitted, to be paid within a period of one month from the date of receipt of the copy of the order.
The parties to bear their own costs.
(SANJAY KISHAN KAUL) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH ) JUDGE July 04, 2013 pj LPA No. 227 of 1998 4