Punjab-Haryana High Court
Kamlesh Rani An Dors' vs Punjab Roadways Ferozepur on 11 December, 2014
Author: Fateh Deep Singh
Bench: Fateh Deep Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.1508 of 2002 (O&M)
Date of decision: 11th December, 2014
Kamlesh Rani and others
Appellants
Versus
Punjab Roadways, Ferozepur and others
Respondents
CORAM: HON'BLE MR. JUSTICE FATEH DEEP SINGH
1. Whether Reporters of Local Newspapers may be allowed
to see the judgment?
2. Whether to be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Vinod.K. Kataria, Advocate
for the appellants.
Mr. Paul S. Saini, Advocate
for respondent No.5.
Service of remaining respondents- exempted.
FATEH DEEP SINGH, J.
The claimants have challenged the Award of learned Motor Accident Claims Tribunal, Faridkot dated 07.11.2001 by virtue of which claimants were awarded `3,70,000 as compensation for the death of Pawan Kumar Singla Advocate in a motor vehicular accident.
Heard the arguments of Mr. Vinod.K. Kataria, Advocate for the claimant/appellants and Mr. Paul S. Saini, Advocate for the insurer/respondent No.5.
RATTAN PAL SINGH 2015.03.18 14:55 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court FAO No.1508 of 2002 2
It is well established that the deceased at the time of the accident on 28.04.1999 was aged around 50 years. Though it is claimed that the deceased was earnings `12,000 to `15,000 per month, however, on the basis of the evidence led before the learned Tribunal comprising of the testimony of the widow Kamlesh Rani AW2 who has testified the inter-se relationship and the relative ages of the children who all have been pleaded to be dependent on the earnings of the deceased. Though AW1 Arjan Singh, Upper Division Clerk from the Income Tax Department has brought about income tax returns Ex.A1 to Ex.A3 however, they are only for a small period of time immediately prior to the death and thus, cannot be considered as a reliable indicator of the earnings in the light of the arguments of learned counsel for the insurer. Learned Tribunal has thus held that the deceased in all likelihood was earning `39,500 per annum which is a reasonable amount of earnings at the time of this accident.
In the light of the settled position of law laid down in 'New India Assurance Company Ltd. v. Gopali and others' reported in 2012 (3) RCR (Civil) 818, the deceased in all likelihood must be spending 1/3 of this amount and must be contributing `26,400 to the running of household and which is approximately taken to be `26,000 by the learned Tribunal and cannot be found fault with. Keeping in view age of the deceased the Tribunal has applied multiplier of 13 and which could not be in any manner put to question by learned counsel for the insurer. Thus, compensation comes to `3,38,000. Wife has lost her husband a life companion, family must have spent money on the RATTAN PAL SINGH 2015.03.18 14:55 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court FAO No.1508 of 2002 3 last rites and ceremonies besides loss of love and affection to the family members and the learned Tribunal has awarded lower compensation under these conventional heads and though there is not much evidence however, keeping in view the welfare nature of the Statute a lump sum amount of `2,00,000 is awarded under these conventional heads and therefore, total compensation comes to `5,38,000 (rupees five lacs thirty eight thousand).
Besides this, the claimants are also entitled to interest @7.5% p.a. on the enhanced amount from the date of filing of the appeal till realization. Interim compensation paid, if any, shall be adjusted. Rest of the stipulations laid down by the Tribunal need not be disturbed. It would subserve the ends of justice if it is ordered that in case any of the minor claimants have attained the age of majority, his/her share shall not be put up by way of FDR.
With these observations modifying the impugned Award the appeal stands allowed to that extent.
(FATEH DEEP SINGH) JUDGE December 11, 2014 rps RATTAN PAL SINGH 2015.03.18 14:55 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court