Supreme Court - Daily Orders
Afsana vs M/S Kundu Knit Fab. Private Ltd. Through ... on 7 October, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6317 OF 2021
[@ SPECIAL LEAVE PETITION (C) NO. 5474 OF 2018]
AFSANA & ORS. Appellant (s)
VERSUS
M/S KUNDU KNIT FAB. PRIVATE LTD.
THROUGH THE DIRECTOR,
KRISHAN KUMAR & ANR. Respondent(s)
WITH
CIVIL APPEAL NO. 6318 OF 2021
[@ SPECIAL LEAVE PETITION (C) NO. 5475 OF 2018]
O R D E R
Leave granted.
This order shall dispose of two appeals arising out of the same accident against a Judgment and Order dated 25.10.2017 passed by the High Court of Punjab and Haryana at Chandigarh.
In a motor vehicle accident, a Motorcycle driven by Afsar Ali, whose pillion rider was Kabil, met with an accident with Car No. PB-10AB-5351 on 05.07.2001. Afsar Ali suffered multiple injuries and lost his life. Kabil also suffered serious injuries, became quadriplegic and died on 15.08.2002.
Kabil filed application to seek compensation for Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2021.10.09 the injuries received in the accident. But after his 12:37:14 IST Reason: death, the legal representatives moved an application for amendment of the claim application but such 2 amendment was declined by the Motor Accident Claims Tribunal, Karnal. The MACT granted compensation of payment of the medical expenses. It is thereafter in appeal; the High Court enhanced the compensation by Rs. 2,00,000/- (Rupees Two Lakhs) on account of the injuries received by Kabil, holding that the appellants have not proved that the death was on account of injuries received.
Before this Court, the learned counsel appearing for the appellants, legal heirs of Afsar Ali argued that the income of the deceased was assessed as a daily wager at Rs. 2400/- per month. The High Court has enhanced the compensation by applying a multiplier of 17 instead of 11 applied by the Tribunal. The High Court assessed the compensation as Rs. 4,76,400/- including compensation under the conventional heads.
It is argued that in view of the Judgment of this Court in “National Insurance Company Ltd. Vs. Pranay Sethi & Ors.” reported in (2017) 16 SCC 680, the claimants are entitled to future prospects on account of death of Afsar Ali. In Pranay Sethi, this Court found the reasonable figures on conventional heads, namely, loss of estates, loss of consortium and funeral expenses as Rs.15,000/-, Rs.40,000/- and Rs.15,000/- respectively. This Court did not approve the compensation towards loss of care and guidance of 3 minor children as granted in a judgment reported as Rajesh v. Rajbir Singh (2013) 9 SCC 54. Therefore, the grant of compensation on account of loss of love and affection is not the one which is contemplated by the Constitutional Bench. The revisit of such amount was suggested every three years @ 10% in the span of three years. However, in the present case, the accident had taken place in the year 2001, therefore, we follow the principles laid down in Pranay Sethi to grant compensation under the conventional heads. Thus the compensation assessed is as under:-
Head Compensation Compensation awarded by assessed by this the High Court (in Rs.) Court i. Income: 2,400/- 2,400/-
ii. Future - 960/-
Prospects @40%:
= 3,360/-
iii. Yearly loss 26,880/- (3,360 x
of dependency 2/3 x 12)
v. Multiplier: 17 17
vi. Total Loss of 3,26,400/- 4,56,960/-
Dependency (26,880 x 17)
vii. Loss of 50,000/- 40,000/-
consortium
vii. Loss of love 50,000/- -
and affection
viii. Funeral 25,000/- 15,000
expenses:
ix. Loss of 25,000/- 15,000
estate:
x. Loss of Filial - 40,000/-
Consortium:
Total 4,76,400/- 5,66,960/-
compensation
awarded:
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Thus, the compensation payable shall be Rs.
5,66,960/- in case of Afsar Ali.
In respect of the claim on account of injuries suffered by Kabil, the compensation was increased to Rs. 2,00,000/- and interest @6% was awarded on the en- hanced amount of compensation by the High Court. Kabil had received serious injuries in the accident and was on bed being a quadriplegic patient. The death was on account of injuries suffered by him. The MACT erred in law to decline amendment of the claim petition. Dr. Vijay Gupta appearing as PW 4 stated that the injured had remained admitted in his hospital for more than three months and remained under treatment for a very long time. He had developed quadriplegia. A person who is confined to bed and suffering from the quadriplegia, the death on 15.8.2002 cannot be for any other reason but on account of injuries suffered by him. The High Court noticed the statement of PW 4 but still failed to return finding that the death was on account of injuries received by Kabil.
The deceased was 28 years of age and could earn Rs. 2400/- as daily wager. The compensation payable to him thus determined as awarded to the legal heirs of Afsar Ali that is Rs. 5,66,960/-. In addition, the le- gal heirs of Kabil are found entitled to another sum of Rs. 1,00,000/- towards medical expenses till his 5 death. Hence, the compensation payable to the legal representatives of Kabil would come to Rs. 6,66,960/- apart from Rs. 46,700/- awarded by the MACT towards medical expenses.
Therefore, the present appeals are allowed awarding a sum of Rs. 5,66,960/- (Rupees Five Lakhs Sixty-Six Thousand Nine Hundred and Sixty) in case of Afsar Ali and Rs. 6,66,960/- (Rupees Six Lakhs Sixty- Six Thousand Nine Hundred and Sixty) along with interest at the rate of 9% from the date of filing of the claim till realisation (in both cases).
.......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi;
OCTOBER 07, 2021.
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ITEM NO.7 Court 11 (Video Conferencing) SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5474/2018
(Arising out of impugned final judgment and order dated 25-10-2017 in FAO No. 5375/2004 passed by the High Court Of Punjab & Haryana At Chandigarh) AFSANA & ORS. Petitioner(s) VERSUS M/S KUNDU KNIT FAB. PRIVATE LTD.
THROUGH THE DIRECTOR, KRISHAN KUMAR & ANR. Respondent(s) WITH SLP(C) No. 5475/2018 (IV-B) Date : 07-10-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. D. K. Garg, Adv.
Mr. Abhishek Garg, Adv.
Mr. Dhananjay Garg, AOR For Respondent(s) Mr. Rajesh Kumar Gupta, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Civil Appeals are allowed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER
(Signed order is placed on the file)