Punjab-Haryana High Court
Mohinder Kaur & Ors vs Devi Dayal & Ors on 1 May, 2023
Author: B.S. Walia
Bench: B.S. Walia
Neutral Citation No:=2023:PHHC:063048
2023:PHHC:063048
224 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-12986-CII-2016 in/and
FAO-3842-2016
Date of Decision :01.05.2023
Mohinder Kaur and others ...Appellants
Versus
Devi Dyal and others ....Respondents
Coram : Hon'ble Mr. Justice B.S. Walia
Present : Mr. Rajeev Dev Sharma, Advocate for the appellant.
Mr. Rajbir Singh, Advocate for respondent No.3.
***
B.S. Walia, J. (Oral)
CM-12986-CII-2016 For the reasons as are mentioned in the application, the same is allowed. Delay of 326 days in late filing of the appeal is condoned. FAO-3842-2016
1. Prayer in the appeal is for modification of award dated 03.03.2015, passed by the learned Motor Accident Claims Tribunal, Pathankot (hereinafter referred to as "the Tribunal") and for enhancement of compensation of Rs.6,86,500/- awarded to the appellants i.e. widow and four children of deceased Gurbachan Singh.
2. The Tribunal by taking the age of the deceased as 50 years, and by treating him as a labourer assessed his income as Rs.4,500/- per month. Thereafter, by applying multiplier of '13' and by making deduction @ 1/4th of the established income of the deceased towards personal expenses and further by awarding a sum of Rs.1,00,000/- on account of loss of love and affection and Rs.50,000/- towards loss of 1 of 4 ::: Downloaded on - 12-06-2023 10:28:28 ::: Neutral Citation No:=2023:PHHC:063048 FAO-3842-2016 (O&M) [2] 2023:PHHC:063048 consortium and Rs.10,000/- towards funeral expenses, awarded total compensation of Rs.6,86,500/- along with interest @ 9% per annum.
3. Learned counsel contends that the award is liable to be modified and compensation enhanced by taking 25% of the established income of the deceased towards future prospects besides by awarding Rs.15,000/- on account of loss of estate and like amount on account of funeral expenses as against Rs.10,000/- awarded by the Tribunal.
4. Learned counsel for respondent No.3/Insurance Company does not dispute the aforementioned claim of the appellants but states that Rs.1 lakh awarded on account of love and affection is not admissible in view of the decision of Hon'ble the Supreme Court in Satinder Kaur @ Satwinder Kaur vs. United India Insurance Co. Ltd. Law Finder Doc Id # 1729112. Learned counsel further contends that Rs.50,000/- awarded on account of loss of consortium is liable to be scaled down to Rs.40,000/- in lump sum in view of the decision of Hon'ble the Supreme Court in Shri Ram General Insurance Co. Limited versus Bhagat Singh Rawat and others', Civil Appeal Nos.2410-2412/2023 [@ SLP [c] Nos.11669-11671/2020] followed by a Co-ordinate Bench of this court in FAO No.3590 of 2015 in case titled as 'Baljit Kaur and others Vs. Jai Singh and others', restricting compensation on account of consortium to Rs.40,000/-.
5. I have heard the submissions of learned counsel.
6. Admittedly, the deceased was 50 years of age. Income of the deceased @ Rs.4,500/- per month is not disputed by either of the parties. Accordingly, in view of the deceased being 50 years of age, therefore, in 2 of 4 ::: Downloaded on - 12-06-2023 10:28:28 ::: Neutral Citation No:=2023:PHHC:063048 FAO-3842-2016 (O&M) [3] 2023:PHHC:063048 terms of paragraph 61 (iv) of the decision of Hon'ble Supreme Court in National Insurance Company Ltd. Vs. Pranay Sethi and others 2017 (4) RCR (Civil) 1009, 25% of the established income of the deceased is to be taken into account for working out future prospects. Similarly, in view of the decision of Hon'ble the Supreme Court in Pranay Sethi's case (supra) and recent judgment in Shri Ram General Insurance Co. Limited's case (supra), loss of consortium awarded by the Tribunal @ Rs.50,000/- is restricted to Rs.40,000/- in entirety. Similarly, in view of the decision of Hon'ble the Supreme Court in Satinder Kaur @ Satwinder Kaur's case (supra), no amount is admissible on account of love and affection. Further as per the decision of Hon'ble the Supreme Court in Pranay Sethi's case (supra), the appellants are held entitled to Rs.15,000/- on account of loss of estate and like amount on account of funeral expenses as against Rs.10,000/- awarded by the Tribunal.
7. Accordingly, in the light of the position noted above, details of compensation awarded by the Tribunal and the compensation assessed by this Court is as under :-
Sr. Head Amount assessed by Amount assessed by No. Tribunal in Rupees this Court in Rupees
1. Income of the Rs.4500/- per Rs.4500/-
deceased month
2. Future prospects Nil 25% of Rs.4500/- =
1125 (Total 4500 +
1125 = Rs.5625/-)
3. Deduction 1/4thof Rs. 4500/-= 1/4th of Rs.5625/- =
Rs.1125/- Rs.1406.25/-
4. Dependency 4500-1125= 3375 5625-1406.25=
4218.75/-
5. Multiplier applied 13 13
6. Compensation 3375x12x13= 4218.75x12x13 =
awarded 5,26,500/- 6,58,125/-
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Neutral Citation No:=2023:PHHC:063048
FAO-3842-2016 (O&M) [4] 2023:PHHC:063048
7. Love and affection Rs.1,00,000/- Nil
8. Loss of Consortium Rs.50,000/- Rs.40,000/- in entirety.
9. Funeral Expenses Rs.10,000/- Rs.15,000/-
10. Loss of Estate Nil Rs.15,000/-
11. Interest 9% per annum 9% per annum
Total Rs.6,86,500/- Rs.7,28,125/-
8. Accordingly, in the light of the position noted above, the appeal is allowed, award modified and as against compensation of Rs.6,86,500/- awarded by the learned Tribunal, the appellants/claimants are held entitled to award of compensation of Rs.7,28,125/-along with interest at the rate of 9% per annum with effect from the date of the claim petition till date of payment, less payment if any already made. Payment be made to the appellants/claimants in the proportion as ordered by the learned Tribunal within four weeks from today.
(B.S. Walia) Judge 01.05.2023 rajesh Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No Neutral Citation No:=2023:PHHC:063048 4 of 4 ::: Downloaded on - 12-06-2023 10:28:28 :::