Punjab-Haryana High Court
Gaja Singh And Another vs Rama Nand And Another on 20 February, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-392-1999 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-392-1999 (O&M)
Date of decision: 20.02.2014
Gaja Singh and another
...Appellants
Versus
Rama Nand and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Saurabh Sharma, Advocate,
for Mr. Ashit Malik, Advocate,
for the appellants.
Mr. Kunal Garg, AAG, Haryana.
-.-
JITENDRA CHAUHAN, J.
The present appeal has been preferred by the claimant- appellants, seeking enhancement of the amount of compensation awarded vide impugned award dated 14.09.1998, passed by the learned Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal').
2. The learned counsel contends that nothing has been awarded towards future prospects of the deceased. The multiplier has also been applied wrongly. The compensation under the conventional heads is also on the lower side.
3. On the other hand, the learned State counsel contends Sethi Atul 2014.03.19 16:46 I attest to the accuracy and integrity of this document Chandigarh FAO-392-1999 -2- that the deduction of 1/3rd has been wrongly applied as the deceased was a bachelor.
3. I have heard learned counsel for the parties and perused the case file.
4. In the instant case, admittedly, the deceased, Randhir Singh, was a bachelor, aged about 20 years at the time of his death in the accident. Therefore, keeping in view the law laid down by Hon'ble the Apex Court, in Smt. Sarla Verma Vs. DTC (2009) 6 SCC 121, the deduction ought to have been applied to the extent of 1/2. It is ordered accordingly. In Amrit Bhanu Shali Vs. National Insurance Co. Ltd. (SC), 2012(4) R.C.R. (Civil) 343, Hon'ble the Apex Court was pleased to hold that in a case relating to the death of a bachelor, the basis for determination of multiplier should be the age of the deceased and not that of the claimant(s). In the present case, the deceased was a bachelor. Therefore, the multiplier in the instant case shall be 18.
5. Furthermore, an increase of 50% is ordered on account of future prospects in view of the law laid down in Rajesh and others Vs.Rajbir Singh and others, (2013) 9 SCC 54.
6. In this way, the amount of compensation under the head 'loss of dependency, would come to Rs.1,500/- + 50% X 12 X ½ X 18 = Rs.2,43,000/-, as against the amount of Rs.1,26,000/-, awarded by the learned Tribunal.
Sethi Atul2014.03.19 16:46 I attest to the accuracy and integrity of this document Chandigarh
FAO-392-1999 -3-
7. In addition to above, the appellant shall also be entitled to an amount of Rs.1,00,000/-, under the head 'loss of love and affection'.
8. In view of the above, the claimant-appellants are held entitled to the enhanced compensation of Rs.2,17,000/- [Rs.1,17,000/- (enhancement towards loss of dependency) + Rs.1,00,000/- (loss of love and affection)], as indicated above, over and above the amount already awarded by the learned Tribunal, which shall be payable within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to interest @ 7.5% per annum, from the date of filing the present appeal, till its realization.
9. With the aforesaid modification in the impugned award, the present appeal is partly allowed.
20.02.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE Sethi Atul 2014.03.19 16:46 I attest to the accuracy and integrity of this document Chandigarh