F.A.O.No.4151 of 2009 -1- In the High Court of Punjab and Haryana at Chandigarh F.A.O.No.4151 of 2009 Date of decision: May 22, 2013 Raman Lal and another ....Appellants Versus Bhupender Kumar and others .....Respondents CORAM: HON'BLE MRS.JUSTICE T.P.S.MANN Present: Mr.Nearaj Khanna, Advocate as amicus curiae with Mr.Ajay Kumar Sharma, Advocate for the appellants.
Mr.Rajneesh Malhotra, Advocate for respondent No.3.
**** T.P.S.MANN, J.
The claimants have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 for challenging the award passed by the Motor Accidents Claims Tribunal, Faridabad on 18.10.2007 to the extent of granting inadequate compensation to them on account of death of their son Som Dutt in a motor vehicular accident.
The Tribunal, after assessing the income of the deceased son of the appellants as `3,500/- per month deducted 50% towards personal expenses of the deceased for the fiRs.four yeaRs.and, thereafter at the rate of 1/3rd for the next nine years so as to calculate the dependancy as `2,09,928/-.
In addition thereto, an amount of `2,000/- was allowed as compensation for transportation of the dead F.A.O.No.4151 of 2009 -2- body from the site of the accident to the native place of the deceased and `5,000/- towards cremation expenses so as to grant total compensation of `2,16,928/-.
The respondents were made jointly and severally liable to pay the compensation amount.
However, keeping in view the fact that respondent No.3 was insurer of the offending vehicle, the said respondent was directed to indemnify respondent Nos.1 and 2 i.e.driver and owner, respectively, of the offending vehicle.
Counsel for the appellants has submitted that no fault can be found with the conclusion arrived at by the Tribunal in assessing the monthly income of the deceased as `3,500/- and holding that his age was around 25 years at the time of accident.
He has, however, submitted that the Tribunal was not justified in taking into consideration the age of the appellants in applying the multiplier of '13' i.e.holding the dependancy as 50% for fiRs.four years and at the rate of 1/3rd of his salary for the remaining nine yeaRs.The multiplier of '17' ought to have been applied by taking into consideration the age of the deceased as 25 years and not that of his parents.
Counsel for the appellants has referred to the judgment of the Hon'ble Supreme Court in the case of Amrit Bhanu Shali and others versus National Insurance Co.LTD.and otheRs.2012 ACJ 2002.where it was held that the multiplier has to be applied based on the age of the deceased and that the age of dependents has no nexus with computation of compensation.
Accordingly, prayer has F.A.O.No.4151 of 2009 -3- been made for enhancement of the compensation amount.
Counsel for respondent No.3-Insurance Company has argued that the Tribunal rightly awarded the compensation amount to the appellants by taking into consideration the ages of the appellants.
He further submitted that the judgment in the case of Amrit Bhanu Shali (supra) is not strictly applicable to the facts and circumstances of the case as in that case there were number of dependents of the deceased and it was difficult to determine the actual age of the dependents.
In the present case there are only two claimants, i.e.father and mother of the deceased but there is no indication about the age of the mother of the deceased.
Only the age of the father of the deceased has been stated to be 49 yeaRs.Hence, keeping in view the ratio of the aforementioned judgment, this Court is of the considered view that the age of the dependents is not to be taken into consideration in finding the suitable multiplier.
However, as mentioned above, there is no dispute qua the finding arrived at by the Tribunal regarding the age of the deceased being 25 years at the time of accident.
Admittedly, the deceased was unmarried.
Therefore, deduction of 50% has to be made towards the amount which the deceased might have spent upon himself out of the monthly income of `3,500/-.
The monthly dependency, therefore, is calculated as `1,750/- and the annual dependancy as `21,000/-.
As the deceased F.A.O.No.4151 of 2009 -4- was 25 years of age at the time of accident, the suitable multiplier, as has been held by the Hon'ble Supreme Court in the case of Sarla Verma versus Delhi Transport Corporation, 2009 ACJ 129.shall be '18'.
The total dependancy is, accordingly, determined as `3,78,000/-.
The Tribunal had awarded an amount of `2,000/- for transportation of the dead body and `5,000/- towards cremation expenses.
The accident had taken place within the jurisdiction of Gharonda, district Karnal whereas the native village of the deceased fell in district Faridabad.
Under these circumstances, the amount of `2,000/- for transportation of the dead body is on the lower side and deserves to be enhanced to `5,000/-.
No interference is, however, called for regarding the amount of `5,000/- awarded for funeral expenses.
Resultantly, the amount of `10,000/- i.e.`5,000/- for transportation of dead body and `5,000/- towards cremation expenses, when added to the amount of `3,78,000/- towards the total dependency, the total amount of compensation to which the claimants are entitled, is calculated as `3,88,000/-.
Resultantly, the appeal is allowed by enhancing the compensation from `2,16,928/- to `3,88,000/-.
The claimants shall be entitled to interest on the enhanced amount of compensation @ 6% per annum from the date of filing of the claim petition till its realization.
All the respondents shall be jointly and severally liable to F.A.O.No.4151 of 2009 -5- pay the enhanced compensation as well.
Respondent No.3 shall, however, indemnify respondent Nos.1 and 2.
The entire enhanced amount of compensation be paid to the appellants in equal shares.
No costs.
(T.P.S.
MANN) JUDGE May 22, 2013 sarita