Punjab-Haryana High Court
Iffco Tokio General Insurance Co. Ltd vs Rashmi Tiwari And Others on 2 July, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-2039-2012 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
XOBJC-102-CII-2012 in/and
FAO-2039-2012 (O&M)
Date of decision: 2.7.2014
Iffco Tokio General Insurance Co. Ltd.
...Appellant
Versus
Rashmi Tiwari and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Dinesh Kumar, Advocate for
Mr.RS Madan, Advocate for the appellant
Mr.Rajesh Lamba, Advocate for
respondent Nos. 1 to 4-cross objectors
Mr.Ashok Tyagi, Advocate for respondent Nos.5 & 6.
****
Jitendra Chauhan, J.
The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 16.11.2011, passed by the learned Motor Accidents Claims Tribunal, Gurgaon (in short 'the Tribunal'). The claimant-respondent Nos. 1 to 4 have also filed cross-objections, for enhancement of the compensation.
2. It is contended that the learned Tribunal erred in assessing the income of the deceased, on the basis of the salary certificate Ex.P9 without considering the TDS certificate Mark 'A'. It Shanker Gauri 2014.07.03 18:06 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2039-2012 (O&M) 2 is further contended that the wife being employee in the same department, cannot be taken tobe dependent upon the deceased.
2. On the other hand, the learned counsel for the claimant- respondent Nos. 1 to 4/ cross-objectors submits that the deduction of 20% from the salary of the deceased towards income tax has already been made. He further submits that nothing has been awarded towards loss of future prospects and loss of love, care and guidance to the children and loss of love and affection to the mother. A meager amount of Rs.10,000/- has been awarded towards loss of consortium.
4. I have heard the learned counsel for the parties and perused the case file.
5. The factum of accidental death of Rajesh Tiwari, is not disputed. From the perusal of the award, it emerges that the learned Tribunal after deducting 20% from the salary towards the tax and other permissible heads has rightly assessed the income of the deceased at Rs.20,057/-. Therefore, this Court finds no merit in the argument raised by the appellant that the income has wrongly been the assessed on the basis of the salary certificate.
6. As per the PMR Ex.P1, the deceased was 40 years of age at the time of his death. He left behind widow, two minor children and old mother. He was the sole bread winner of the family. In view of the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, Shanker Gauri 2014.07.03 18:06 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2039-2012 (O&M) 3 2009(3) RCR (Civil) 77,, the claimant-respondent Nos. 1 to 4 are entitled to get 30% increase towards loss of future prospects. The amount awarded towards loss of consortium and funeral expenses is also inadequate. In view of Vimal Kanwar and others vs. Kishore Dan and others (2013-3) PLR 776, the compensation under the following heads is enhanced/granted, which would meet the ends of justice:-
S.No. Heads From To
1. Loss of consortium payable to Rs.10,000/- Rs.1,00,000/-
the widow
2. Funeral expenses Rs.10,000/- Rs.20,000/-
3. Loss of love, care and Rs.1,00,000/-
guidance to the minor children
4. Loss of love and affection Rs.1,00,000/-
payable to the mother, if alive,
7. Accordingly, the total compensation comes to
Rs.54,19,503/-( 29057(monthly income)+ 30% (future prospects) - 1/4th (deduction towards personal expenses of the deceased) x 12 x 15 (multiplier)+ 1,00,000 (loss of consortium including already granted) + 20,000 (funeral expenses including already granted) + 1,00,000 (Loss of love, care and guidance to the children) + 1,00,000 (loss of love and affection to the mother, if alive). The balance enhanced amount i.e. Rs.14,76,763/- (54,19,503- 39,42,740/- already awarded ) shall be paid to the claimant-respondent Nos. 1 to 4, in the manner indicated in the impugned Award, within a period of 45 Shanker Gauri 2014.07.03 18:06 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-2039-2012 (O&M) 4 days from the date of the receipt of the certified copy of the judgment, failing which, they shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.
8. In view of the above, the present appeal is dismissed, whereas, the cross-objections filed by the claimant-respondent Nos. 1 to 4 are partly allowed and the impugned Award is modified to the above extent.
2.7.2014 (JITENDRA CHAUHAN)
gsv JUDGE
Shanker Gauri
2014.07.03 18:06
I attest to the accuracy and
integrity of this document
High Court Chandigarh