Punjab-Haryana High Court
Amarjit Kaur vs Ram Singh @ Sonu And Others on 7 February, 2014
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
FAO-234-235-236-2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(I) FAO-234-2013
Date of decision: 07.02.2014
Amarjit Kaur
...Appellant
Versus
Ram Singh @ Sonu and others
...Respondents
(II) FAO-235-2013
Amarjit Kaur
...Appellant
Versus
Ram Singh @ Sonu and others
...Respondents
(III) FAO-236-2013
Amarjit Kaur
...Appellant
Versus
Ram Singh @ Sonu and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. J.S. Cooner, Advocate,
for the appellant.
Mr. M.B. Jain, Advocate,
for respondent No.3.
-.- Sethi Atul
2014.02.19 09:42
I attest to the accuracy and
integrity of this document
Chandigarh
FAO-234-235-236-2013 -2-
JITENDRA CHAUHAN, J.
1. The above noted three appeals are being disposed of by this single judgment, having arisen out of the common impugned award dated 15.06.2012, passed by the learned Motor Accident Claims Tribunal, Ambala (for short 'the Tribunal').
2. I have heard the learned counsel for the parties and perused the record carefully.
3. In FAO No.234 of 2013, the learned Tribunal has not awarded any compensation on account of future prospects of the deceased. The learned Tribunal has assessed the age of the deceased at 35 years. Therefore, keeping in view the law laid down by Hon'ble the Supreme Court in Rajesh and others Vs. Rajbir Singh and others, (2013) 9 SCC 54, an addition of 50% to the actual income of the deceased is ordered. In this way, the amount of compensation towards loss of dependency would come to Rs.40,000/- + 50% X 16 = Rs.9,60,000/-, as against the amount of Rs.6,40,000/-, assessed by the learned Tibunal. It is further observed that the amount of Rs.5,000/-, granted on account of loss of consortium, is inadequate and the same is increased to Rs.1,00,000/-. The amount of Rs.5,000/- awarded under the head 'funeral expenses', is also enhanced to Rs.25,000/-.
4. Accordingly, the claimant-appellant is held entitled to Sethi Atul 2014.02.19 09:42 I attest to the accuracy and integrity of this document Chandigarh FAO-234-235-236-2013 -3- the enhanced compensation of Rs.4,35,000/- [Rs.3,20,000/- (enhancement towards loss of dependency) + Rs.95,000/- (enhancement towards loss of consortium payable to the widow only) + Rs.20,000/- (enhancement towards funeral expenses)], on account of death of Ravinder Singh.
5. In FAO Nos.235 and 236 of 2013, the deceased, Suraj Singh and Saravjeet Kaur, minor children of the appellant, were 5 years and 7 years of age, respectively.
6. In Kishan Gopal and another vs. Lala and others 2013 (4) RCR (Civil) 276 the deceased was a young boy of 10 years. Hon'ble the Supreme Court, awarded a sum of Rs.4,50,000/-, on account of dependency and another amount of Rs.50,000/- has been awarded under the conventional heads.
7. This Court feels that the present case is squarely covered by the law laid down in Krishan Gopal's case (supra). In the instant case, the claimant-appellant lost her two minor children, accordingly, the consolidated compensation amount of Rs.1,80,000/-, awarded by the learned Tribunal is enhanced to Rs.10,00,000/-.
8. Resultantly, the claimant-appellant is held entitled to the enhanced compensation amount of Rs.8,20,000/-, on account of death of Suraj Singh and Saravjeet Kaur.
9. The enhanced amount of compensation Sethi Atul i.e. 2014.02.19 09:42 I attest to the accuracy and integrity of this document Chandigarh FAO-234-235-236-2013 -4- Rs.12,55,000/- [Rs.4,35,000/- (in FAO No.234 of 2013) + Rs.8,20,000/- (in FAO Nos.235 and 236 of 2013), as indicated above, shall be paid to the appellant-Amarjit Kaur, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, she shall also be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realization.
10. In view of the above, the present appeals are partly allowed and the impugned Award is modified to the above extent.
07.02.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE
Note : Whether to be referred to Reporter : Yes / No. Sethi Atul 2014.02.19 09:42 I attest to the accuracy and integrity of this document Chandigarh