Judgment:
FAO-2914-2012 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2914-2012 (O&M) Date of decision: 10.02.2014 Suman Devi and others ...Appellants Versus Suresh Kumar and others ...Respondents CORAM: HON'BLE Mr.JUSTICE JITENDRA CHAUHAN Present: Mr.Rajesh Sheoran, Advocate, for the appellants.
Mr.T.K.Joshi, Advocate, for respondent No.3-Insurance Co.JITENDRA CHAUHAN, J.
This is claimants' appeal challenging the impugned award dated 15.12.2010, passed by the learned Motor Accident Claims Tribunal, Hisar, (for short, 'the Tribunal').seeking enhancement of compensation awarded on account of the death of Devender Singh, in a motor vehicular accident.
The learned counsel for the appellant cites Oriental Insurance Company LTD.versus Saroj Devi and otheRs.2012(1) PLR761 to contend that the learned Tribunal wrongly denied the compensation on account of the fact that the deceased was an Sethi Atul 2014.02.19 09:43 I attest to the accuracy and integrity of this document Chandigarh FAO-2914-2012 -2- employee of the State of Haryana.
On the other hand, the learned counsel for the Insurance Company has opposed the present appeal.
Heard.
This Court, in Saroj Devi's case (supra) has held as under:- “Every law framed by the State has an ‘Object’ attached to it because law is never created in vacuum.
In order to achieve a particular Object, a reasoning or justification is required as to why the ‘Object’ is sought to be achieved.
I believe that the scheme of compassionate assistance is in recognition of the services already put in the discharge of the affairs of the government and a further recognition that the deceased would have continued to perform his services diligently but for his demise.
I am even inclined to hold that the compassionate assistance coming from the State is itself a form of deferred wage, which the deceased employee has earned by putting in his labour and effort in the service of the State.
I, therefore, hold that financial assistance under the Compassionate Assistance Rules and the compensation as assessed under the relevant provisions of Motor Vehicles Act are Sethi Atul 2014.02.19 09:43 I attest to the accuracy and integrity of this document Chandigarh FAO-2914-2012 -3- mutually exclusive and have no reciprocal bearing on the quantum as arrived at under the respective heads.
Accordingly, I hold that the Insurance Companies are liable under the terms of their contract with the insured, independent of the financial assistance as received under State compassionate assistance policy, to pay the compensation as assessed by the learned Tribunals under Section 166 or 163 A of the Motor Vehicles Act, except to the extent worked out in accordance with the formulae as detailed hereinabove.”
.
The matter was later on referred to Hon'ble the FiRs.D.B.of this Court in Reliance General Insurance Company Limited versus Purnima and otheRs.2013(2) R.C.R.(Civil) 42, wherein the view taken by this Court was affirmed and it was held as under:- “14.
We, accordingly, hold that view taken in Saroj Devi’s case (supra) is correct in law.
Accordingly, the Insurance Companies shall not be entitled to the deduction of the amount given to the dependents under the Rules of 2006 while calculating compensation payable under the Motor Vehicles Act.”
.
Sethi Atul 2014.02.19 09:43 I attest to the accuracy and integrity of this document Chandigarh FAO-2914-2012 -4- Therefore, in the instant case, the compensation to be awarded to the claimants should have been calculated in the view of the law laid down in Saroj Devi's case (supra).As per the record, the last salary of the deceased drawn by the appellant-wife was Rs.24,328/-.
In the claim petition, the age of the deceased is stated to be 36 yeaRs.Therefore, in the absence of anything contrary, the age of the deceased at the time of his death is assessed at 36 yeaRs.As per Saroj Devi's case, the compensation to which the claimants would be entitled, is as under:- Monthly Actual Notional age Increase Annual Multiplier as Compensa Compensat Total income (in age of (Actual age of in future Dependency per Salra tion for ion for compensatio Rupees) the the deceased + Income as Verma (to be full salary pension n : Column 8 deceased the number of per Sarla broken into period i.e.period i.e.+ Column 9 years of full Verma two parts if upto 58 after 58 last drawn multiplier years years salary as per spills over the (rounded (rounded compassionate age of 58 off) of) Rules) yeaRs.Before + after superannuatio n 24328 36 36+12=48 30% 2/3 X1213 (10+3) 25,30,080 3,79,512 29,09,592 In view of the above, the claimant-appellants are entitled to Rs.29,09,592/- (Rounded off to Rs.29,10,000/-) towards dependency, over and above the amount of Rs.1,60,000/- already awarded by the learned Tribunal under the head 'loss of company'.
In view of the above, the claimant-appellants are held entitled to enhanced compensation of Rs.29,10,000/-, as indicated above, over and above the amount already awarded by the learned Sethi Atul 2014.02.19 09:43 I attest to the accuracy and integrity of this document Chandigarh FAO-2914-2012 -5- Tribunal, which shall be payable within a period of 45 days from the date of receipt of a certified copy of this judgment, in the same terms as indicated by the learned Tribunal, failing which, they shall also be entitled to interest as indicated in the award i.e.7.5% per annum, from the date of filing the present appeal, till its realization.
With the aforesaid modification in the impugned award, the present appeal is partly allowed.
10.02.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter : Yes / No.Sethi Atul 2014.02.19 09:43 I attest to the accuracy and integrity of this document Chandigarh