FAO-4178-2012 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4178-2012 (O&M) Date of decision:
15. 1.2014 Manju Devi and others ...Appellants Versus Narender and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Kanhiya Lal, Advocate for Mr.Arun Bansal, Advocate for the appellants Mr.Akashdeep Singh, Advocate for respondent Nos. 1 and 2 Mr.RC Kapoor, Advocate for respondent No.3- Insurance Company **** Jitendra Chauhan, J.
CM-17852-CII-2012 Despite sufficient opportunity, no reply has been filed by the respondents. Keeping in view the averments made in the application, the same is allowed. The delay of 103 days in re-filing the instant appeal is hereby condoned. FAO-4178-2012 1. The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Bhiwani (for short 'the Shanker Gauri 2014.01.16 16:23 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4178-2012 (O&M) 2 Tribunal'), vide award dated 22.9.2011, on account of death of Nepal Singh, in a motor vehicular accident.
2. Learned counsel for the appellants submits that the deceased was 34 years of age at that time. He left behind six dependents i.e. wife, three children and old parents. Therefore, the deduction of 1/6th should have been applied with regard to the persona expenses of the deceased. The income of the deceased, assessed by the Tribunal is also not adequate. The amount awarded towards consortium and funeral expenses is also on the lower side.
3. On the other hand, the learned counsel for the respondents submits that the compensation awarded by the learned Tribunal is just and adequate. Therefore, the present appeal deserves to be dismissed.
4. I have heard the learned counsel for the parties and perused the record carefully.
5. It is not disputed that the death of Nepal Singh occurred due to the injuries suffered by him in a road accident on 12.9.2010. He was 34 years of age at the time of accident. In the absence of any proof of income, the learned Tribunal, by taking the deceased as labourer, assessed his income at Rs.45,00/-, which is correct. He left behind six dependents. In 14 and 21 of Smt. Sarla Verma's case, The Hon'ble Supreme Court has observed as under:- 14. Though in some cases the deduction to be made towards personal and living expenses is calculated on the basis of units indicated in Trilok Chandra, the general practice is to apply Shanker Gauri 2014.01.16 16:23 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4178-2012 (O&M) 3 standardized deductions. Having considered several subsequent decisions of this court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one- third (1/3rd) where the number of dependent family members is 2 to 3, one-fourth (1/4th) where the number of dependent family members is 4 to 6, and one-fifth (1/5th) where the number of dependent family members exceed six.
21. We therefore hold that the multiplier to be used should be as mentioned in column (4) of the Table above (prepared by applying Susamma Thomas, Trilok Chandra and Charlie), which starts with an operative multiplier of 18 (for the age groups of 15 to 20 and 21 to 25 years), reduced by one unit for every five years, that is M-17 for 26 to 30 years, M-16 for 31 to 35 years, M-15 for 36 to 40 years, M-14 for 41 to 45 years, and M-13 for 46 to 50 years, then reduced by two units for every five years, that is, M-11 for 51 to 55 years, M-9 for 56 to 60 years, M-7 for 61 to 65 years and M-5 for 66 to 70 years.
6. In view of the above, in the present case, the multiplier of 16 and the deduction of 1/4th applied by the learned Tribunal are correct. However, the amount awarded towards loss of consortium and funeral expenses appears to be on the lower side. In view of Rajesh and others vs. Rajbir Singh and others 2013 (3) RCR (Civil) 170, (Supreme Court), the amount awarded towards loss of consortium and funeral Shanker Gauri 2014.01.16 16:23 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-4178-2012 (O&M) 4 expenses deserves to be enhanced from Rs.10,000 to Rs.1 lac and and funeral expenses from Rs. 10,000/- to Rs. 25,000/-, respectively. Ordered accordingly.
8. Accordingly, the enhanced amount i.e. 1,05,000/- shall be paid to the claimant-appellants, in the manner indicated in the impugned Award, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 8% per annum from the date of the filing of the appeal till its realisation.
9. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. 15.1.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.01.16 16:23 I attest to the accuracy and integrity of this document High Court Chandigarh