Fao No.2841 of 1996 Vs. Bikar Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1124525
CourtPunjab and Haryana High Court
Decided OnFeb-03-2014
AppellantFao No.2841 of 1996
RespondentBikar Singh and Others
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.2841 of 1996 date of decision: february 03, 2014 shish ram and others ....appellants versus bikar singh and others ....respondents coram: hon'ble mr.justice kuldip singh present: mr.v.k.gupta, advocate for the appellant. mr.g.s.bawa, advocate for respondent no.1. mr.navin kapoor, advocate for respondent no.3-insurance company. kuldip singh. j (oral) this is the claimants' appeal against the award of inadequate compensation by the motor accident claims tribunal, hissar. on 18.10.1994, man singh was driving the motor cycle hnb-1333 going from village balak to tosham. his relative kitabo was riding the pillion. at the crossing of balak chopta, a truck bearing no.hr-24-a-1287 came from agroha side and hit the motor cycle. as a result of which, man singh received simple and grievous injuries, whereas, kitabo received fatal injuries and later on succumbed to the same. man singh as well as shish ram husband of kitabo filed two separate petitions, which were disposed of by a single award by the motor accident claims tribunal, hissar. it is stated that kitabo was 45 years of age. respondent nos.1 and 2 took the stand before the tribunal that the truck was proceeding at a normal speed and was rani sarita 2014.02.06 16:26 i attest to the accuracy and integrity of this document chandigarh fao no.2841 of 1996 -2- passing through the crossing when a motor cyclist carrying a lady from the western side hit against the rear portion of the truck, resulting in injuries to both the occupants. the tribunal took the view that there was a contributory negligence on the part of man singh, driver of the motor cycle. the tribunal took income of deceased @ ` 900/- per month and after applying the cut of 1/3rd towards personal expenses calculated the dependancy of the husband and minor children @ ` 600/- per month and after applying the multiplier of 12, awarded ` 86,400/-. however, after applying the cut of 50%, it was held that the amount of compensation comes to ` 43,200/-. however, as the minimum compensation of ` 50,000/- is payable, the same was allowed. claimants, who are the husband and minor children of the deceased are not satisfied with the award and have filed the present appeal. i have heard learned counsel for the parties and have also gone though the case file. learned counsel for the claimants has stated that the tribunal erred in assessing the income of the deceased house wife @ rs.900/- only. he has argued that deceased was looking after 4 minor children. he has also referred the judgment of hon'ble the supreme court in case of “lata wadhwa versus state of bihar”. 2001 (8) scc197 in which hon'ble the apex court held as under: “ it is true that the claimants, who ought to have given datas for determination of compensation, did not assist in any manner by providing the datas for rani sarita 2014.02.06 16:26 i attest to the accuracy and integrity of this document chandigarh fao no.2841 of 1996 -3- estimating the value of services rendered by such housewives. but even in the absence of such datas and taking into consideration the multifarious services rendered by the housewives for managing the entire family, even on a modest estimation, should be rs.3000/- per month and rs.36,000/- per annum. this would apply to all those housewives between the age group of 34 to 59 and as such who were active in life. the compensation awarded, therefore should be re-calculated, taking the value of services rendered per annum to be rs.36,000/- and thereafter applying the multiplier, as has been applied already, and so far as the conventional amount is concerned, the same should be rs.50,000/- instead of rs.25,000/- given under the report. so far as the elderly ladies are concerned, in the age group of 62 to 72, the value of services rendered has been taken at rs.10,000/- per annum and multiplier applied is eight. though, the multiplier applied is correct, but the value of services rendered at rs.10,000/- per annum, cannot be held to be just and, we therefore, enhance the same to rs.20,000/- per annum. in their case, therefore, the total amount of compensation should be re- determined, taking the value of services rendered at rs.20,000/- per annum and then after applying the multiplier, as already applied and thereafter adding rs.50,000/- towards the conventional figure.”. in the present case, in the post-mortem report, the age of the deceased was given to be 45 years.therefore, by modest estimation, the value of the multifarious service rendered by kitabo are calculated ` 3,000/- per month and ` 36,000/- per annum. rani sarita 2014.02.06 16:26 i attest to the accuracy and integrity of this document chandigarh fao no.2841 of 1996 -4- keeping in view her age, multiplier 14 is applied. the amount of compensation comes to ` 5,04,000/-. another sum of ` 25,000/- on account of funeral last rites are also allowed. ` 1000/- for transportation of the dead body is also allowed. for the loss of the consortium and loss of love and affection to the minor children, a sum of ` 1,00,000/- is allowed. total amount of compensation comes to ` 6,30,000/-, which shall be paid to all the claimants in equal shares with 9% per annum interest from the date of filing of the claim petition till its realization. the amount shall be deposited in their bank accounts, to be furnished before the tribunal. the liability of the respondents shall be joint and several. the appeal is allowed accordingly to the said extent. (kuldip singh) february 03, 2014 judge sarita rani sarita 2014.02.06 16:26 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2841 of 1996 Date of Decision: February 03, 2014 Shish Ram and others ....Appellants versus Bikar Singh and others ....Respondents CORAM: HON'BLE Mr.JUSTICE KULDIP SINGH Present: Mr.V.K.Gupta, Advocate for the appellant.

Mr.G.S.Bawa, Advocate for respondent No.1.

Mr.Navin Kapoor, Advocate for respondent No.3-Insurance Company.

Kuldip Singh.

J (Oral) This is the claimants' appeal against the Award of inadequate compensation by the Motor Accident Claims Tribunal, Hissar.

On 18.10.1994, Man Singh was driving the motor cycle HNB-1333 going from village Balak to Tosham.

His relative Kitabo was riding the pillion.

At the crossing of Balak Chopta, a truck bearing No.HR-24-A-1287 came from Agroha side and hit the motor cycle.

As a result of which, Man Singh received simple and grievous injuries, whereas, Kitabo received fatal injuries and later on succumbed to the same.

Man Singh as well as Shish Ram husband of Kitabo filed two separate petitions, which were disposed of by a single Award by the Motor Accident Claims Tribunal, Hissar.

It is stated that Kitabo was 45 years of age.

Respondent Nos.1 and 2 took the stand before the Tribunal that the truck was proceeding at a normal speed and was Rani Sarita 2014.02.06 16:26 I attest to the accuracy and integrity of this document Chandigarh FAO No.2841 of 1996 -2- passing through the crossing when a motor cyclist carrying a lady from the western side hit against the rear portion of the truck, resulting in injuries to both the occupants.

The Tribunal took the view that there was a contributory negligence on the part of Man Singh, driver of the motor cycle.

The Tribunal took income of deceased @ ` 900/- per month and after applying the cut of 1/3rd towards personal expenses calculated the dependancy of the husband and minor children @ ` 600/- per month and after applying the multiplier of 12, awarded ` 86,400/-.

However, after applying the cut of 50%, it was held that the amount of compensation comes to ` 43,200/-.

However, as the minimum compensation of ` 50,000/- is payable, the same was allowed.

Claimants, who are the husband and minor children of the deceased are not satisfied with the Award and have filed the present appeal.

I have heard learned counsel for the parties and have also gone though the case file.

Learned counsel for the claimants has stated that the Tribunal erred in assessing the income of the deceased house wife @ Rs.900/- only.

He has argued that deceased was looking after 4 minor children.

He has also referred the judgment of Hon'ble the Supreme Court in case of “Lata Wadhwa versus State of Bihar”.

2001 (8) SCC197 in which Hon'ble the Apex Court held as under: “ It is true that the claimants, who ought to have given datas for determination of compensation, did not assist in any manner by providing the datas for Rani Sarita 2014.02.06 16:26 I attest to the accuracy and integrity of this document Chandigarh FAO No.2841 of 1996 -3- estimating the value of services rendered by such housewives.

But even in the absence of such datas and taking into consideration the multifarious services rendered by the housewives for managing the entire family, even on a modest estimation, should be Rs.3000/- per month and Rs.36,000/- per annum.

This would apply to all those housewives between the age group of 34 to 59 and as such who were active in life.

The compensation awarded, therefore should be re-calculated, taking the value of services rendered per annum to be Rs.36,000/- and thereafter applying the multiplier, as has been applied already, and so far as the conventional amount is concerned, the same should be Rs.50,000/- instead of Rs.25,000/- given under the Report.

So far as the elderly ladies are concerned, in the age group of 62 to 72, the value of services rendered has been taken at Rs.10,000/- per annum and multiplier applied is eight.

Though, the multiplier applied is correct, but the value of services rendered at Rs.10,000/- per annum, cannot be held to be just and, we therefore, enhance the same to Rs.20,000/- per annum.

In their case, therefore, the total amount of compensation should be re- determined, taking the value of services rendered at Rs.20,000/- per annum and then after applying the multiplier, as already applied and thereafter adding Rs.50,000/- towards the conventional figure.”

.

In the present case, in the post-mortem report, the age of the deceased was given to be 45 yeaRs.Therefore, by modest estimation, the value of the multifarious service rendered by Kitabo are calculated ` 3,000/- per month and ` 36,000/- per annum.

Rani Sarita 2014.02.06 16:26 I attest to the accuracy and integrity of this document Chandigarh FAO No.2841 of 1996 -4- Keeping in view her age, multiplier 14 is applied.

The amount of compensation comes to ` 5,04,000/-.

Another sum of ` 25,000/- on account of funeral last rites are also allowed.

` 1000/- for transportation of the dead body is also allowed.

For the loss of the consortium and loss of love and affection to the minor children, a sum of ` 1,00,000/- is allowed.

Total amount of compensation comes to ` 6,30,000/-, which shall be paid to all the claimants in equal shares with 9% per annum interest from the date of filing of the claim petition till its realization.

The amount shall be deposited in their bank accounts, to be furnished before the Tribunal.

The liability of the respondents shall be joint and several.

The appeal is allowed accordingly to the said extent.

(KULDIP SINGH) February 03, 2014 JUDGE sarita Rani Sarita 2014.02.06 16:26 I attest to the accuracy and integrity of this document Chandigarh