Punjab-Haryana High Court
Darshan Lal Oberoi And Others vs Babu Lal And Others on 20 February, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-1629-1999 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-1629-1999
(MACT case No.105 of 1997)
Date of decision: 20.2.2014
Darshan Lal Oberoi and others
...Appellants
Versus
Babu Lal and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Mahavir Sandhu, Advocate for the appellants
Mr.Ravinder Arora, Advocate for respondent No.3.
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Jitendra Chauhan, J.
The present appeal has been filed by the claimant- appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ambala (in short 'the Tribunal'), vide award dated 17.3.1999, on account of death of Vinod Kumar, in a motor vehicular accident.
2. Learned counsel for the appellants contends that the deceased, aged 23 ½ years, was bachelor at the time of his death. The learned Tribunal applied the multiplier of five, according to the age of the parents, which is contrary to the law laid down by the Hon'ble Supreme Court in Amrit Bhanu Shali and others vs. National Insurance Co. Ltd. 2012(4) RCR (Civil) 343, wherein the Shanker Gauri 2014.02.25 16:45 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-1629-1999 2 multiplier has been applied according to the age of the deceased. He further submits that no amount has been awarded towards future prospects, loss of love and affection, and funeral expenses.
3. On the other hand, the learned counsel appearing for the Insurance Company submits that just and appropriate compensation has been awarded by the learned Tribunal. He prays for the dismissal of the appeal.
4. I have heard the learned counsel for the parties and gone through the case file.
5. It is not disputed that the death of Vinod Kumar occurred due to the injuries suffered by him in a road accident. The deceased, aged about 23½ years, was bachelor at the time of his death. The claimants are the parents of the deceased. In view of the law laid down by the Hon'ble Supreme Court in In Rajesh and others vs. Rajbir Singh and others (2013) 9 SCC 54, the claimants are entitled to get 50% increase with regard to the future prospects. Further in view of Amrit Bhanu Shali and others' case (supra), the multiplier of 18 and deduction to the extent of 50% towards personal expenses ought to have been taken. Ordered accordingly. Further In view of the law laid down by the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others (2013-3) PLR 776, the mother of the deceased is also entitled to Rs.One lac towards loss of love and affection. As no amount has been awarded Shanker Gauri 2014.02.25 16:45 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-1629-1999 3 towards funeral expenses, this Court feels that grant of Rs.15,000/- would meet the ends of justice.
7. Accordingly, the total compensation comes to Rs.9,79,000/- ( 4000 (monthly income) + 50% (future prospects) - 1/2 (deduction) x 12 x 18 (multiplier) + 1,15,000 (conventional heads). The balance enhanced compensation i.e. Rs.7,51,000/- (9,79,000- 2,28,000/- already awarded ) shall be paid to the claimants-appellants, in the manner indicated in the impugned award, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants 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 partly allowed and the impugned Award is modified to the above extent.
20.2.2014 (JITENDRA CHAUHAN)
gsv JUDGE
Shanker Gauri
2014.02.25 16:45
I attest to the accuracy and
integrity of this document
High Court Chandigarh