Punjab-Haryana High Court
United India Insurance Company Ltd vs Pritpal Singh And Others on 14 January, 2014
X-objections No.14-CII of 2009 in/and
FAO No.3640 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
X-objections No.14-CII of 2009 in/and
FAO No.3640 of 2008
Date of decision : 14.01.2014
United India Insurance Company Ltd. ...... Appellant
versus
Pritpal Singh and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Ravinder Arora, Advocate
for the appellant.
Mr. S.S. Swaich, Advocate
for the respondent Nos.1 to 4-X-objectors-claimants.
***
1. Whether Reporters of local papers 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 against the award dated 04.03.2008 passed by the learned Motor Accident Claims Tribunal, Sangrur awarding compensation of `7,20,000/- to the claimants on account of death of Rupinder Kaur who met with an accident on 07.12.2002. X-objection has also been filed in the present appeal by the respondent Nos.1 to 4-legal heirs-claimants for enhancement of compensation.
Learned counsel for the X-objector-respondents No.1 to 4 has argued that the compensation is grossly inadequate as the multiplier of 17 has to be applied instead of 15 according to the age of the deceased. He has Sharma Ashish 2014.02.13 12:00 I attest to the accuracy and integrity of this document Chandigarh X-objections No.14-CII of 2009 in/and FAO No.3640 of 2008 -2- further argued that in Sarla Verma v. DTC (2001) 6 SCC 121, P.S.Somanathan and others v. District Insurance Officer and another (2011) 3 SCC 566 and Amrit Bhanu Shali and others v. National Insurance Co. Ltd. and others 2012 ACJ 2002; the Hon'ble Supreme Court held that only the age of the deceased should be kept into consideration while fixing the multiplier.
Learned counsel for the appellant has countered by relying upon the judgments in U.P. State Transport Corportation and others v. Trilok Chandra and others (1996) 4 SCC 362, Ramesh Singla and others v. Satbir Singh and another 2008 (1) SCC 667 and Shakti Devi v. New India Insurance Company Ltd. and another 2010 (14) SCC 575, wherein the Hon'ble Supreme Court has laid down a different provision by stating that the multiplier should be applied after taking into the consideration the age of the claimants.
In my opinion, while adopting a multiplier, the age of the deceased as well as the age group of the claimants is a valid consideration. The expectancy of life of deceased is to be taken into consideration to arrive at a conclusion as to for how many years he could have supported the claimants. So far as the claimants are concerned their age-group is required to be considered to arrive at a conclusion as to for how many years they would have survived and could have enjoyed the dependency allowance of the deceased. Keeping in view the conflicting decisions of the Hon'ble Supreme Court and taking support from the decision of Division Bench of our High Court in United India Insurance Company Limited v Raj Rani Sharma Ashish 2014.02.13 12:00 I attest to the accuracy and integrity of this document Chandigarh X-objections No.14-CII of 2009 in/and FAO No.3640 of 2008 -3- 1998 (1) ACJ 175, in my considered view, the age of the deceased as well as the age group of the claimants is required to be taken into consideration while adopting a multiplier for determining the dependency to award compensation to the claimant.
In the present case, the claimants are the old persons approximately about 60 years old. Consequently, even though for a deceased who was 26 years old multiplier would be 17 yet keeping in view the age of the claimants the multiplier of 14 is ordered instead of 15.
Learned counsel for the X-objectors-respondents No.1 to 4 has further argued that nothing has been paid for love and affection and funeral expenses.
In my opinion, the claimants are entitled to `25,000/- for funeral expenses and `55,000/- towards love and affection to the mother. Ordered accordingly.
Learned counsel for the X-objectors-respondents No.1 and 2 has further argued that the Tribunal has erred in awarding interest @ 6% and there are cases where the Hon'ble Supreme Court has awarded 12% interest.
Learned counsel for the appellant-insurance company has however countered by arguing that the interest @ 6% is absolutely correct and in consonance with Section 34 of the Code of Civil Procedure.
In my opinion, it would be appropriate to increase the interest to 8% p.a on the enhanced amount from the date of filing of the claim petition till the date of realization. Ordered accordingly. It is made clear Sharma Ashish 2014.02.13 12:00 I attest to the accuracy and integrity of this document Chandigarh X-objections No.14-CII of 2009 in/and FAO No.3640 of 2008 -4- that apart from the amounts awarded in favour of the mother individually, the apportionment and the management of the compensation amount would be as per the direction of the Tribunal.
In the circumstances, the appeal and the X-objection are disposed of in the above terms. The award is modified accordingly.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
January 14, 2014 JUDGE
ashish
Sharma Ashish
2014.02.13 12:00
I attest to the accuracy and
integrity of this document
Chandigarh