Punjab-Haryana High Court
Smt. Santosh Jain And Another vs State Of Haryana And Others on 13 February, 2014
FAO No.642 of 2005 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision : 13.02.2014
1) F.A.O. No.642 of 2005
Smt. Santosh Jain and another ...... Appellants
versus
State of Haryana and others ...... Respondents
2) F.A.O. No.643 of 2005
Smt. Santosh Jain and another ...... Appellants
versus
State of Haryana and others ...... Respondents
3) F.A.O. No.644 of 2005
Smt. Santosh Jain and another ...... Appellants
versus
State of Haryana and others ...... Respondents
4) F.A.O. No.645 of 2005
Smt. Santosh Jain and another ...... Appellants
versus
State of Haryana and others ...... Respondents
Sharma Ashish
2014.03.05 09:36
I attest to the accuracy and
integrity of this document
Chandigarh
FAO No.642 of 2005 (O&M) -2-
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Ms Monika Thakur, Advocate
for Mr. Vibhav Jain, Advocate
for the appellants.
Ms. Hem Lata Balhara, A.A.G., Haryana.
Mr. Akshay Pratap, Advocate
for Mr. Surinder Dagar, Advocate
for the respondent No.3.
Mr. R.C. Gupta, Advocate
for the respondent No.4-insurance company.
***
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
These are four appeals bearing FAO Nos.642 to 645 of 2005 filed by the claimants. The claimants are the parents of deceased Vivek Jain (31 years), parents-in-law of deceased Monika Jain (29 years) w/o Vivek Jain and grand-parents of deceased Achal Jain (3 years) and Shagun Jain (7 years) and have filed the present appeals for the enhancement of compensation as awarded by the Tribunal.
Brief facts are that on 14.03.2001 the bus in question was on route from Chandigarh to Rohtak. At about 3 p.m. a scooterist came on the G.T. Road near Oasis G.T. Road Uchana District Karnal at a high speed without observing the traffic rules and struck against conductor side of the bus. The driver of the bus in order to save that scooterist took the bus to the extreme right side of the road, in that process the right side wheel of the bus struck against the divider of the road. As a result thereof, the steering of the Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh FAO No.642 of 2005 (O&M) -3- bus became free and due to the failure of the steering of the bus, it came on the other side of the lane; the bus was stopped by the driver. At the same time, a car struck against the standing bus and accident took place.
The Tribunal has awarded total compensation of `4,25,000/- along with interest @ 6% p.a. i.e. `25,000/- each for the death of daughter- in-law and grandchildren and `3,30,000/- for the death of their son and further amount of `20,000/- towards funeral charges.
As regards the son, his admitted salary was `28,070/- at the time of his death which is taken as `28,000/- for the sake of convenience. The total income would come to `3,36,000/- p.a. In the circumstances, it would be appropriate to take the amount of `36,000/- to be payable as income tax. The net income would come to `3 lac. To that 50% thereof is added towards future prospects in view of the observations made by this Court in F.A.O. No.2990 of 2011, titled as Manjit Kaur and others vs. Ramesh Kumar and others, decided on 08.01.2014. It would not be unreasonable if deduction of 2/3rd is applied. As per the age of the deceased the multiplier of 16 has to be applied but as per the age of the claimants the multiplier of 13 has to be applied. In the circumstances, the multiplier of 15 is ordered in view of the observations made by this Court in F.A.O. No.5181 of 2010, titled as Nanak Singh and another vs. State of Punjab and another, decided on 17.01.2014. I also award a sum of `1 lac to the mother-appellant No.1 on account of loss of love and affection. I further award `15,000/- more towards funeral expenses and last rites. Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh FAO No.642 of 2005 (O&M) -4-
Learned counsel for the respondent No.4-insurance company has prayed that the amount awarded as compensation for the death of grand- children and daughter-in-law be reduced from the awarded enhanced amount because the appellants can never be treated to be claimants for the death of their grandchildren and daughter-in-law.
As regards compensation for the death of daughter-in-law, in the matter of United India Insurance Company Limited v. Parlad Rai and others, reported as 2010(4) R.C.R. (Civil) 153, this Court held that the parents-in-law are entitled for compensation on account of death of daughter-in-law because they take care of the parents-in-law in her husband's house. Consequently, I award `75000/- more for the death of daughter-in-law.
As regards compensation for the death of grand-children, in my opinion, the grand-parents can never be treated to be claimants. I also find that no appeal has been filed by the insurance company. So even if I accept this argument it would not be possible for me to grant any relief to the insurance company. Consequently, this prayer is rejected.
Learned counsel for the appellants has further argued that the interest of 6% p.a. is highly inadequate.
I find that this is indeed so. It is directed that the compensation amount be given along with interest @ 8% p.a. from the date of filing of the claim petition till realization. The amount paid as compensation for the death of Vivek Jain would be set off against the compensation now computed. Apart from the amount awarded individually on account of loss Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh FAO No.642 of 2005 (O&M) -5- of love and affection along with interest, the enhanced amount shall be deposited in fixed deposit in any nationalized bank for three years and the appellant No.1 would be entitled to mothly/quarterly interest thereon.
In the circumstances, the appeals bearing FAO Nos.642 & 644 of 2005 are allowed and the appeals bearing FAO Nos.643 and 645 of 2005 are dismissed in the above terms.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 13, 2014 JUDGE
ashish
Sharma Ashish
2014.03.05 09:36
I attest to the accuracy and
integrity of this document
Chandigarh