Punjab-Haryana High Court
Smt.Krishna Devi And Others vs Subhash Chander And Another on 23 February, 2012
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO No.6987 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.6987 of 2010 (O&M)
(in Case No.72 MACT of 20.7.09)
Date of decision: 23.2.2012
Smt.Krishna Devi and others
....Appellants
Versus
Subhash Chander and another
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Tara Chand Dhanwal, Advocate for the appellants
Mr.Arvind Rajotia, Advocate for respondent No.1.
None for respondent No.2.
*****
Jitendra Chauhan, J.(Oral)
CM No.30004-CII of 2010 Despite sufficient opportunity, no reply has been filed by the respondents.
Keeping in view the averments made in the application, delay of 81 days in filing the appeal is hereby condoned.
Application stands disposed of.
FAO No. 6987 of 2010 The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount, awarded by the learned FAO No.6987 of 2010 (O&M) 2 Motor Accident Claims Tribunal, Fatehabad, (for short 'the Tribunal'), vide Award dated 20.3.2010, on account of death of Jaibir Singh, in a motor vehicular accident on 5.4.2009.
The brief facts leading to the present case are that on 5.4.2009, Jaibir Singh (since deceased) alongwith his family and some other persons were returning from Salasar Dham to their village Mehuwala in a car bearing registration No.HR-20C-5101. Near Dhani of Lachhman Singh, a car bearing registration No.HR-34B-0017 being driven by Subhash Chander, the driver, in a rash and negligent manner, coming from the opposite side, hit the former. As a result thereof, all the occupants of the car, suffered multiple grievous injuries. They were admitted to the hospital. Out of them, one Jaibir Singh succumbed to the injuries. The claimant- appellants filed a claim petition, which was allowed and awarded a sum of Rs.4,47,000/- as compensation by the learned Tribunal.
Feeling dissatisfied with the same, the claimant-appellants, filed the present appeal.
Learned counsel for the appellants contends that the deceased was earning Rs.20,000/- per month by doing the agricultural work and by running the dairy business. The learned Tribunal by considering him as an unskilled worker, assessed his income as Rs.3000/-per month. He further states that amount awarded towards conventional head is also on the lower side.
The learned counsel appearing for the respondent-Insurance Company has stated that the compensation determined by the learned FAO No.6987 of 2010 (O&M) 3 Tribunal is just and appropriate. Therefore, there is no scope for any further enhancement.
I have heard the learned counsel for the parties and perused the case file.
Admittedly, the death of Jaibir Singh occurred on account of rash and negligent driving of the driver Subhash Chander. He was 35 years of age at the time of the accident. He was able bodied person. As per the Notification dated 12.3.2010, issued by the Labour Department, under the Minimum Wages Act, according to the GDP commencing from July, 2009 to December, 2009, the minimum wages for an unskilled worker were fixed at Rs.4214.23 paise per month. The accident in question took place on 5.4.2009. Therefore, keeping in view the fact that the accident took place in a month prior to the commencement of the notification, it can safely be presumed that the deceased had been earning Rs.4,000/- per month. Ordered accordingly.
The untimely death of Jaibir Singh was a great shock to his family. Therefore, keeping in view the facts and circumstances, this Court feels that the ends of justice would be met, if the amount awarded towards conventional heads is enhanced from Rs.15,000/- to Rs.20,000/-. Ordered accordingly.
Accordingly, the total compensation comes to Rs.5,96,000/- ( 4000 (monthly income) x 3/4th (Dependency) x 12 x 16 + 20000 (conventional heads). The balanced enhanced amount i.e. Rs. 1,49,000/- ( 5,96,000- 4,47,000 (already awarded by the learned Tribunal), shall be FAO No.6987 of 2010 (O&M) 4 paid to the appellants, in the manner indicated in the impugned Award, within 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.
In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.
23.02.2012 (JITENDRA CHAUHAN) gsv JUDGE