Punjab-Haryana High Court
Smt. Nirmala Devi And Others vs Delhi Transport Corporation And on 30 January, 2014
F.A.O No. 2787 of 1998 ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
F.A.O No. 2787 of 1998
Date of decision : January 30, 2014
Smt. Nirmala Devi and others,
...... Appellants
v.
Ramesh Kumar and others,
...... Respondents
***
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Amit Sheoran, Advocate
for Mr. Kulvir Narwal, Advocate
for the appellants.
Mr. Surinder Gandhi, Advocate
Mr. Suman Jain, Advocate
for respondent No.3.
***
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 ?
***
AJAY TEWARI, J (Oral)
This appeal has been filed by the claimants/appellants for enhancement of compensation.
Brief facts are that on 13.1.1997, Phul Kumar and Balwan Singh, since deceased, along with other persons were heading from Rohtak to village Bhali Anandpur in a tempo on Rohtak Bhiwani road and when around 4 pm, they reached village Dobh near REC store, the tempo halted on the left side on katcha portion of the road and in the meantime, a truck came from Bhiwani side, being driven by respondent No.1 in a rash and Kumar Kishan 2014.02.19 10:29 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No. 2787 of 1998 ::2::
negligent manner and dashed against the tempo after coming on wrong side of the road. As a result of this accident, Phul Kumar and Balwan Singh, besides others, received serious injuries and both Phul Kumar and Balwan Singh succumbed to their injuries.
The Tribunal held respondent No.1, driver of the offending vehicle, responsible in causing the accident. In the case of Balwan Singh, since deceased aged 35 years, the Tribunal assessed his monthly income as Rs.2900/- and after deducting 1/4th as personal expenses, assessed the annual dependency as Rs.26,100/-. Multiplier of 14 was applied and the compensation assessed was Rs.3,65,400/-. Besides this, a sum of Rs.4600/- was awarded towards loss of consortium. The respondents were held liable jointly and severally to pay the compensation.
Counsel for the appellants has argued that the Tribunal has awarded nothing towards future prospects, loss of love and affection, funeral expenses, transportation, and has applied the multiplier on lower side. He has placed reliance on the decisions of the Hon'ble Supreme Court in Sarla Verma and others vs Delhi Transport Corporation and another, AIR 2009 (SC) 3104, Rajesh and others vs Rajbir Singh and others, 2013(9) SCC 54, and Vimal Kanwar and others vs Kishore Dan and others, 2013(3) PLJ(SC) 251.
I fully agree with counsel for the appellants. Consequently, I award 50% towards future prospects, fix the multiplier of 16, and award a sum of Rs.20,000/- towards funeral expenses.
As regards compensation regarding loss of love and affection/consortium, counsel for the respondent-Insurance Company has Kumar Kishan 2014.02.19 10:29 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No. 2787 of 1998 ::3::
argued that the Hon'ble Supreme Court in Rajesh and others' case (supra) granted a total amount of Rs.1 lac towards loss of consortium to the widow and Rs. 1 lac to three minor children for loss of care and guidance. He has further argued that no reason has been given by the Hon'ble Supreme Court in Rajesh and others' case (supra).
Counsel for the appellants, on the other hand, has contended that in Vimal Kanwar and others' case (supra), the Hon'ble Supreme Court awarded a sum of Rs.1 lac to the widow and a sum of Rs. 2 lac to the minor girl on account of loss of love and affection, and another sum of Rs.1 lac towards loss of consortium to the widow.
Consequently, I award a sum of Rs.50,000/- more to widow- appellant No.1 towards loss of consortium and Rs.50,000/- for loss of love and affection, Rs.1 lac to minor daughter (appellant No.2) towards loss of love and affection, and Rs.50,000/- to minor son (appellant No.3) towards loss of love and affection.
Counsel for the Insurance has further argued that when originally the claim petition was decided, the rate of interest viz 12% pa may have been justified but now a days Courts are awarding lesser interest.
I find that this is indeed so. Consequently, it is directed that on the enhanced amount/s, the appellants would be entitled to interest @ 8% pa from the date of filing of the claim petition till the date of payment. I further directed that the enhanced compensation would be paid to appellants No.1 to 3 since by now they must have attained majority.
It is made clear that apart from the amounts awarded in favour of the claimants individually, the apportionment and the management of the Kumar Kishan 2014.02.19 10:29 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No. 2787 of 1998 ::4::
compensation amount would be as per the direction of the Tribunal.
This appeal stands disposed of in the above terms.
( AJAY TEWARI )
January 30, 2014 JUDGE
`kk'
Kumar Kishan
2014.02.19 10:29
I attest to the accuracy and
integrity of this document
High Court Chandigarh