Punjab-Haryana High Court
Icici Lombard General Insurance ... vs Smt. Ramvati And Ors on 19 July, 2013
FAO NO. 6948 of 2011
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
FAO NO. 6948 of 2011(O&M)
Date of order: 19.07.2013
ICICI Lombard General Insurance Company Ltd.
..... Appellant
Versus
Smt. Ramvati and ors. .... Respondents
CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present: Mr. Subhash Goyal, Advocate
for the appellants.
Mr. Ashwani Arora, Advocate
for respondents No.1 to 4.
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Vijender Singh Malik, J.
This is an appeal brought by ICICI Lombard General Insurance Company Limited, the insurer questioning the deduction made by learned Motor Accidents Claims Tribunal, Chandigarh (for short 'learned Tribunal') at the rate of 1/4th while assessing dependency of the claimants instead of 1/3rd.
Smt. Ramvati and three others, the claimants had filed a claim petition under section 166 of the Motor Vehicles Kumar Dinesh 2013.07.22 10:15 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 6948 of 2011 2 Act,1988 seeking compensation on the death of Paras Ram. Learned Tribunal vide the impugned award dated 15.06.2011 awarded compensation in a sum of Rs.16,95,000/-. Under issue no.2, learned Tribunal has applied the deduction of 1/4th to take out the expenses he was expected to incur on himself from the income of the deceased,.
The claimants have claimed themselves to be the legal heirs of Paras Ram. While Smt. Ramvati has claimed herself to be widow of the deceased, the other claimants have claimed that they are sons and daughter of the deceased. They have claimed that the deceased was 48 years old at the time of the accident and that he was employed with the office of Executive Engineer, Capital Project, Division No.3, Sector 16, Chandigarh and was getting a monthly salary of Rs.18,608/-.
With the respondents denying these averments, learned Tribunal framed issues and taking evidence of the parties, decided the claim petition in the above said manner.
Learned counsel for the appellant has submitted that though the claimants are four in number, two are adults and they cannot be considered as dependents of the deceased. According to him, the only other two i.e. widow and minor daughter can only be taken as dependents of the deceased and, therefore, deduction Kumar Dinesh 2013.07.22 10:15 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 6948 of 2011 3 should have been made from the salary of the deceased to ascertain the dependency of the claimants at the rate 1/3rd instead of 1/4th.
Learned counsel for the respondents has submitted that though the sons are major, yet it cannot be denied that they are still dependents on their father.
If it is taken that only minor children and widow can seek compensation on the death of a person, the two adult claimants cannot be held to be dependents of the deceased. However, there is no such rule. Adult sons may also be dependents upon their father. A son, howsoever old he may be, always looks to his father for financial help and, therefore, till the father stops earning, the son remains dependent on his father. In these circumstances, the number of the claimants taken by the Tribunal at 4 is correct. The dependency is rightly assessed by applying the cut of 1/4th and I find that no exception can be taken to the same.
In these circumstances, I find no reason to interfere with the well reasoned award of learned Tribunal. The appeal consequently fails and is dismissed.
(VIJENDER SINGH MALIK) JUDGE 19.07.2013 dinesh Kumar Dinesh 2013.07.22 10:15 I attest to the accuracy and integrity of this document High Court,Chandigarh