Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.227 of 1999 (O&M) Date of decision:30.06.2014 Smt. Roshni Devi and others ... Appellants versus Sh. Baldev Singh and others .... Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Mohinder Singh, Advocate, for the appellants. Mr. B.S.Jattana, Advocate, for respondent No.1. ---- K.Kannan, J.
1. The appeal is for enhancement of claim for compensation assessed at `1,18,000/- as payable, having subjected the assessment to a reduction on account of finding of contributory negligence. The accident had taken place on 28.04.1996 and the claimants were widow and 3 sons. The deceased was said to be engaged in agricultural and dairy farming. His income was assessed at `2,000/- for determining the compensation.
2. It was a case of a collision between three-wheeler and a bus. The deceased was a passenger in a three-wheeler. It was in evidence that there were about 12/13 passengers in the three- wheeler. The accident was said to have taken place when the three- Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.227 of 1999 (O&M) -2- wheeler was coming from the side road and got into the main GT Road without waiting for the traffic that was proceeding in the GT road. On account of the collision, three-wheeler turned turtle, struck against a car and another truck coming from the side of Karnal. A FIR had been lodged on the basis of a report given by the driver of the three-wheeler. A statement recorded in the FIR was that the three-wheeler came from the link road and it was to cross the road and while so doing, the collision had taken place. Although he had given the statement on the basis of which, FIR had been lodged, the driver of the three-wheeler did not examine himself and the Tribunal, therefore, observed that the driver of the three-wheeler must also be held as responsible. The Tribunal omitted to see that in a case of collision between two vehicles where the claimant or the deceased had himself not contributed to the accident on his part, the issue of contributory negligence did not arise. It could be only taken as composite negligence of the drivers of both the vehicles and no part of the amount could have been subjected to any deduction. The entire amount of compensation, as assessed, must have been directed to be paid by anyone of the tort-feasors giving a liberty to seek for contribution against the joint tort-feasors. I, therefore, set aside the finding regarding contributory negligence as legally untenable.
3. In the manner of working out the details, I have taken into account the fact that the deceased was an agriculturist and was Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.227 of 1999 (O&M) -3- said to be cultivating 5 killas of land. PW10 was Shamsher Singh, who supported the case of the petitioner that the deceased was having 7/8 buffalos and he had also employed one servant to do the work. The Tribunal, therefore, took the income as `2,000/-, which I would believe is very modest and though I would retain the same, I would provide for a prospect of increase by 50%.
4. I shall rework the compensation and tabulate the various heads of claims as under:- Accident 28.04.1996 Prithvi Singh Age 38-39 years Occupation Agricultural and Dairy farming-` 6,000/- per month Claimants Widow and 3 sons Heads of claim Tribunal High Court Sr. No.Amount (`) Amount (`) 1. Income 2,000 2,000 2. Add,% of increase 30%/50% 3,000 3. Deduction ¼, 2,250 4. Multiplicand 27,000 5. Multiplier 15 15 6. Loss of dependence 2,34,000 4,05,000 7. Medical expenses 8. Loss of consortium 5,000 1,00,000 9. Loss of love and affection 1,50,000 10. Loss to estate 2,500 11. Funeral expenses 5,000 5,000 Total 2,44,000 6,62,500 There shall be an award of `6,62,500/- and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. The liability shall be on respondent 2 and 3. The State shall be at liberty to file its own suit for contribution, if so advised, against the owner-driver of the Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.227 of 1999 (O&M) -4- three-wheeler which was admittedly involved in the accident.
5. The award stands modified and the appeal is allowed to the above extent. (K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document