Punjab-Haryana High Court
Sube Singh And Ors vs Shyam Singh And Ors on 2 December, 2014
Author: Anita Chaudhry
Bench: Anita Chaudhry
FAO No.330 of 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.330 of 2012 (O&M)
Date of Decision: December 02, 2014
Sube Singh and others
..Appellant(s)
Versus
Shyam Singh and others
...Respondent(s)
CORAM: HON'BLE MS. JUSTICE ANITA CHAUDHRY
1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No
2. To be referred to the Reporters or not? Yes/No
3. Whether the judgment should be reported in the digest? Yes
Present: Mr. Nipun Vashist, Advocate
for the appellants.
Mr. R.M. Suri, Advocate
for respondent no.3-Insurance Company.
*****
ANITA CHAUDHRY, J.
1. This is the claimant's appeal seeking enhancement in the award dated 19.07.2011 passed by the Motor Accident Claims Tribunal, Rewari (here-in-after referred to as the Tribunal).
2. Ajit Singh met with an accident on 22.09.2009. The accident proved fatal. The parents filed a petition seeking compensation. They were in the age group of 40 - 45. The income of the deceased was taken as Rs.4,200/- per month and after making a deduction of 50%, the calculations were made taking the income to be Rs.2,100/- per month. After applying the multiplier of 15, taking the age of the parents SUNIL SEHGAL 2014.12.05 11:33 I attest to the accuracy and authenticity of this document Chandigarh FAO No.330 of 2012 (O&M) -2- into consideration, an amount of Rs.5,000/- was added towards funeral expenses and a total compensation of Rs.3,83,000/- was awarded to be paid jointly and severely by the respondents with the interest @ 6% per annum.
3. The counsel for the appellants has urged that the monthly income of a unskilled labourer was more than Rs.5,000/- in the year 2013 and the income assessed is on the lower side. It was contended that only an addition of 30% had been made towards future increase which should have been 50% and no amount has been awarded for love and affection and the deceased was only 23 years old and the multiplier of 18 should have been applied.
4. On the other hand, the counsel appearing for the insurance company has urged that the Tribunal had applied the multiplier of 15 keeping the age of the parents into view and rightly so and there was no evidence that the deceased was earning more than Rs.4,200/- per month and considering the age of the parents multiplier of 14 should have been applied.
5. It is not disputed that the deceased was 23 years old. He was unmarried. His parents were in the age group of 40 - 45. In Ashvinbhai Jayantilal Modi Vs. Ramkaran Ramchandra Sharma 2014(4) RCR (Civl) 543 (S.C.), it has been held that the age of the parents should be taken while calculating the compensation. The parents were in the age group of 40 - 45, therefore, multiplier applicable would SUNIL SEHGAL 2014.12.05 11:33 I attest to the accuracy and authenticity of this document Chandigarh FAO No.330 of 2012 (O&M) -3- be 14. The income of the deceased was taken as Rs.4,200/- per month. No future increase was added, therefore, 50% should be added as future increase and the income can be taken as Rs.6,300/- per month. 50% should be deducted since the deceased was a bachelor and the contribution to the family would be Rs.3,150/- per month and annual contribution would come to Rs.37,800/-. Applying the multiplier of 14, the compensation would work out to Rs.5,29,200/-. To this, a sum of Rs.10,000/- should be added as funeral expenses, a sum of Rs.1,00,000/- is added for loss of love and affection which makes the total to be Rs.6,39,200/-. The Tribunal had awarded Rs.3,83,000/- which shall be deducted from this amount and the remaining amount would be payable to the appellants at the same rate of interest as awarded by the Tribunal from the date of filing of the petition till realization.
The appeal is partly allowed.
(ANITA CHAUDHRY) JUDGE December 02, 2014 sunil SUNIL SEHGAL 2014.12.05 11:33 I attest to the accuracy and authenticity of this document Chandigarh