Judgment:
FAO No.4155 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4155 of 2011 (O&M) Date of Decision.07.07.2014 Ram Sarup and others ......Appellants Versus Dalip Kumar and others ......Respondents 2. FAO No.4154 of 2011 Ram Kumar and another ......Appellants Versus Dalip Kumar and others ......Respondents Present: Mr. Arun Sharma, Advocate for the appellants. Mr. Rajbir Singh, Advocate for Mr. Sanjeev Goyal, Advocate for the insurance company. CORAM:HON'BLE MR. JUSTICE K. KANNAN1 Whether Reporters of local papers may be allowed to see the judgment ?.
2. To be referred to the Reporters or not ?.
3. Whether the judgment should be reported in the Digest?. -.- K. KANNAN J.
1. Delay in filing the appeals is condoned.
2. Both the appeals are connected arising out of the same accident. The appeal in FAO No.4155 of 2011 is for enhancement of compensation for death of a female aged 48 years. The claimants were husband and four minor children. She was said to be engaged in the avocation of stitching clothes and was earning ` 5000/- per month. In the absence of any documentary proof, the Tribunal taking into account the law laid down by the Supreme Court in Lata Wadhwa Vs. State of Kamboj Pankaj Kumar 2014.07.09 13:00 I attest to the accuracy and integrity of this document Chandigarh FAO No.4155 of 2011 -2- Bihar 2001 ACJ1735took the value of services of the householder at ` 3000/- per month, applied a deduction of 1/4th and adopted a multiplier of 12 to assess the total compensation at ` 3,30,000/- including ` 6000/- towards conveyance and last rites of the deceased.
3. The approach adopted by the Tribunal making a 1/4th deduction for personal consumption of the deceased is wholly erroneous. I will retain the value of services of the deceased as taken by the Tribunal at ` 3000/- per month but I will not make any deduction towards personal consumption and take the contribution to the family at ` 3000/- per month. I will adopt a multiplier of 13 suitable to the age of the deceased as per the law laid down by the Supreme Court in Sarla Verma Vs. DTC20096) SCC121to assess the loss of dependence at ` 4,68,000/-. I will tabulate the various heads of claim as under:- FATAL ACCIDENT Kunta Date of accident 07.04.2009 Age 48 years Occupation Sewing clothes business Claimants Husband, 4 minor children Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Income 3000 2 Add, % of increase 3 Less, Deduction 1/4th 3000 4 Multiplicand (annualized by 36,000 multiplying 12) 5 Multiplier 12 13 6 Loss of dependence 3,24,000 4,68,000 7 Medical Expenses 8 Loss of Consortium 1,00,000 9 Loss of love and affection 2,00,000 10 Loss to estate 5000 11 Funeral expenses 6000 25000 Kamboj Pankaj Kumar Total 3,30,000 7,98,000 2014.07.09 13:00 I attest to the accuracy and integrity of this document Chandigarh FAO No.4155 of 2011 -3- 4. There shall be an award of ` 7,98,000/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The enhanced amount shall be distributed equally between the claimants. The liability shall be in the same manner as determined by the Tribunal.
5. As regards the share of the husband, since the accident has taken place in the year 2009, I would allow for withdrawal of 50% of the amount and rest of 50% shall be invested by splitting into 3 equal portions, 1st portion for a period of one year, 2nd portion for a period of two years, 3rd portion for a period of three years. The amount shall be deposited in a nationalized bank and it shall be disbursed to the husband on the respective dates of maturity of the deposit on the instructions to the banker to disburse the same directly under advice to the Motor Accident Claims Tribunal. As regards the claim of the minor children, 75% of the amount shall be allowed to be withdrawn on attaining the date of majority by the children and rest of 25% shall be invested by splitting into 3 equal portions, 1st portion for a period of one year, 2nd portion for a period of two years, 3rd portion for a period of three years. The said amount shall also be held in nationalized bank with instructions to disburse directly without having to apply through the Tribunal but under advise to the Tribunal.
6. The award stands modified and the appeal in FAO No.4155 of 2011 is allowed to the above extent.
7. The appeal in FAO No.4154 of 2011 is for death of a child aged 14 years. She was a student of 6th standard. The Tribunal took the Kamboj Pankaj Kumar 2014.07.09 13:00 I attest to the accuracy and integrity of this document Chandigarh FAO No.4155 of 2011 -4- notional income of the deceased at ` 15,000/- per annum and applied a multiplier of 15 to assess the total compensation at ` 2,50,000/- including ` 25,000/- towards transportation and last rites and funeral expenses and loss of company of the child as also pain and suffering suffered by the parents for untimely death of their daughter.
8. The determination of compensation for a minor is invariably on the basis of economic and social status of the parents, likely expectation of the parents and the education attainments that are possible. There is no evidence available for me to assess the economic and social status of the parents and the likely expectation of the parents from their child. The Supreme court has assessed the compensation of ` 5 lacs in M.S. Grewal v. Deep Chand Sood (2001) 8 SCC151for death of persons in the higher echelons of society and in Lata Wadhwa Vs. State of Bihar 2001(8) SCC197 the Court awarded compensation of ` 3.5 lacs having regard to the prospect of better future avenues in TISCO for deceased children. In view of the law laid down by the Supreme Court in the above two cases and taking into account the instance that the death has occurred in the year 2009, I will provide for ` 5 lacs as lump sum including the conventional heads of claim for loss of love and affection of the parents for their child and funeral expenses.
9. There shall be an award of ` 5 lacs. The additional amount in excess over what has already been provided by the Tribunal shall also attract interest @9% from the date of petition till the date of petition. The enhanced amount shall be distributed equally amongst the parents. The liability shall be in the same manner as determined by the Tribunal.
10. The award stands modified and the appeal in FAO No.4154 Kamboj Pankaj Kumar 2014.07.09 13:00 I attest to the accuracy and integrity of this document Chandigarh FAO No.4155 of 2011 -5- of 2011 is allowed to the above extent. (K. KANNAN) JUDGE July 07, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.09 13:00 I attest to the accuracy and integrity of this document Chandigarh