Punjab-Haryana High Court
Smt. Ramesh Devi And Others vs Haryana State Transport Controller on 20 November, 2008
Author: Mahesh Grover
Bench: Mahesh Grover
F.A.O.No. 1000 of 1987 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
F.A.O.No. 1000 of 1987
Date of decision : 20.11.2008.
Smt. Ramesh Devi and others
....Appellants
Versus
Haryana State Transport Controller, Chandigarh & others
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present : None for the appellants.
Mr. O.P.Sharma, Additional Advocate General,Haryana
for the respondents.
...
MAHESH GROVER, J.
This appeal is directed against the award of the Motor Accident Claims Tribunal, Gurgaon dated 15.4.1987 vide which a total compensation of Rs.1,44,000/- was awarded to the appellants on account of the death of Khem Pal who was a Constable in C.I.D., Haryana Police.
The appellants pleaded in the claim petition that they were entitled to the compensation on account of the death of Khem Pal as he had died as a result of rash and negligent driving by respondent No.4 of the bus belonging to Haryana Roadways.
The Tribunal came to the conclusion that the deceased was earning a salary of Rs.1,000/- per month and after applying 1/4th F.A.O.No. 1000 of 1987 -2- cut the Tribunal assessed the dependency at Rs.9,000/- per annum. A multiplier of 16 was applied considering the age of the deceased as 24 years. In this manner, the total compensation was worked out to Rs.1,44,000/-. The said amount was directed to be paid along with interest @ 12% per annum from the date of filing of the petition till its realisation.
Dissatisfied with the award the appellants are in appeal. After perusing the record with the assistance of the learned counsel for the respondents, who has contended that the award is adequate, I am of the opinion that in fact the award deserves to be modified.
The deceased was a Constable in C.I.D., Haryana Police. In the cases where the employees are in regular employment, the salary is to be assessed keeping in view the future prospects and the principle to assess the income is that the amount of salary is doubled and the same is added in the single salary and then average of two figures is obtained. In this manner, the income of the deceased is assessed as Rs.1,000x2=2,000+1,000=3,000x1/2=1,500/- per month.
Considering the fact that the deceased was survived by his widow, minor son and parents, in my opinion ¼th cut is just and adequate. Therefore, the dependency comes to Rs.1,125/- per month or Rs.13,500/- per annum. The multiplier of 17 would be just and proper keeping in view the schedule of the Motor Vehicles Act which is the guiding factor. In this manner, the compensation works out to Rs.13,500x17=2,29,500/-. An amount of Rs.20,000/- is awarded on account of loss of estate and funeral expenses. Thus, the total amount F.A.O.No. 1000 of 1987 -3- of compensation comes to Rs.2,49,500/-.
The enhanced amount of compensation shall be paid to the appellants along with interest @ Rs.9% per annum from the date of filing of the petition till its realisation.
The liability to satisfy the award shall remain the same as has been determined by the Tribunal.
With the aforesaid modification in the impugned award, the appeal stands allowed.
20.11.2008 (MAHESH GROVER) dss JUDGE