Punjab-Haryana High Court
Shakuntla Devi Etc vs Avinash Sharma Etc on 15 February, 2018
Author: Rekha Mittal
Bench: Rekha Mittal
FAO-6040-2014 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-6040-2014 (O&M)
Date of decision: 15.02.2018
SHAKUNTLA DEVI ETC ... Appellants
Versus
AVINASH SHARMA ETC ... Respondents
CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Ms. Ekta Thakur, Advocate for the appellants.
Mr. Rajesh K. Sharma, Advocate for the insurance company.
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REKHA MITTAL, J. (Oral)
The claimants are in appeal seeking enhancement of compensation on account of death of Phoolan Devi in a motor vehicular accident that took place on 21.03.2012.
The Tribunal has awarded compensation of Rs.2,15,000/-, detailed hereunder:-
1. Monthly loss of services of the deceased Rs.3000/-2. Multiplier 5
3. Deduction for personal expenses 50%
4. Loss of dependency Rs.90,000/-
5. Expenses on funeral Rs.25,000/-
6. Loss of consortium Rs.1,00,000/-
Counsel for the appellants has submitted that the Tribunal has wrongly allowed deduction for personal expenses as loss of dependency has been assessed qua services of the deceased as a housewife.
Counsel for the insurance company has submitted that 1 of 2 ::: Downloaded on - 04-03-2018 13:54:45 ::: FAO-6040-2014 (O&M) -2- compensation allowed under conventional heads needs modification in the light of latest judgment of Hon'ble the Supreme Court National Insurance Company Limited Vs. Pranay Sethi and Ors., 2017 SCC 1270.
The deceased was approximately 80 years old but there is nothing on record suggestive of the fact that she was not able to perform household duties and carry on domestic affairs. As the Tribunal has assessed value of her services as a house maker, no deduction for personal expenses is to be allowed in the light of Division Bench judgment of this Court Paramjit Singh and another Vs. Dilbagh Singh @ Bagga and others, 2013(3) Law Herald 2730. The multiplier applied by the Tribunal is affirmed. In this manner, loss of dependency comes to Rs.1,80,000/- (Rs.3000 x 12 x 5).
Under conventional heads, compensation awarded by the Tribunal is modified and the claimants are allowed Rs.55,000/- i.e. Rs.40,000/- for loss of consortium and Rs.15,000/- for expenses on funeral.
Total compensation is Rs.2,35,000/- and the additional amount is Rs.20,000/- (2,35,000 - 2,15,000), payable with interest @ 7.5% per annum from the date of petition till realization to husband of the deceased.
The appeal is partly allowed in the aforesaid terms.
15.02.2018 (REKHA MITTAL)
ashok JUDGE
Whether speaking/reasoned: Yes / No
Whether reportable: Yes / No
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