Present: Mr. Ashok Kumar Advocate for Vs. Tara Chand Saini and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126292
CourtPunjab and Haryana High Court
Decided OnFeb-10-2014
AppellantPresent: Mr. Ashok Kumar Advocate for
RespondentTara Chand Saini and Another
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.3807 of 2001 date of decision: february 10, 2014 smt. kamla devi and others ....appellants versus tara chand saini and another ....respondents coram: hon'ble mr.justice kuldip singh present: mr.ashok kumar, advocate for mr.arvind singh, advocate for the appellantss. mr.lalit garg, advocate for respondent no.2-insurance company. kuldip singh. j (oral) this is the claimants' appeal for enhancement of compensation, awarded by motor accident claims tribunal, kurukshetra, vide award dated 15.06.2000. through the said award, a sum of ` 3,93,500/- was awarded in favour of the claimants. on 18.05.1998 at about 8.20 a.m., ran singh accompanied his brother bir singh, while riding motor cycle bearing no.ch-01-2008 were coming from manimajra, chandigarh to village kheri dabdalan, district kurukshetra. between village babain and ladwa, offending car being driven by respondent no.1 came in rash and negligent manner and hit the motor cycle. as a result of which, bir singh died at the spot. claimants are the wife and two children of the deceased, who were aged about 11 and 8 years at the time of the filing of the claim petition. the tribunal took the income of the deceased @ ` 3,000/- per month and after deducting 1/3rd as personal expenses, rani sarita 2014.02.13 10:05 i attest to the accuracy and integrity of this document chandigarh fao no.3807 of 2001 -2- determined the dependency of the claimants at ` 2,000/- per month. the tribunal applied the multiplier of 16, considering the age of the deceased to be 32 years and awarded ` 3,84,000/- for the loss of dependency. ` 2,000/- were awarded on account of funeral expenses, another sum of ` 2,500/- on account of loss of estate and ` 5,000/- for loss of consortium. i have heard learned counsel for the parties and have also gone through the case file. deceased was stated to be a carpenter and there was no proof for his income. there is no dispute regarding the income of the deceased as determined by the tribunal and the multiplier applied by the tribunal. therefore, the compensation of ` 3,84,000/- was rightly awarded. it is to be noted that the incident pertains to the year 1998 and the income assessed by the tribunal @ ` 3,000 per month of a carpenter appears to have been calculated by considering the future prospects also. therefore, claimants are not entitled to any increase on account of loss of dependency. however, i find that the compensation awarded on account of funeral expenses and loss of consortium should be increased. accordingly, the compensation for funeral expenses is increased from ` 2,000/- to ` 25,000/- and for loss of consortium, the compensation is increased from ` 5,000/- to ` 50,000/-. for loss of love and affection for the minor children, the compensation of ` 25,000/- is granted. in total, the compensation is enhanced to the tune of ` 93,000/-. the enhanced compensation shall be paid @ 9% rani sarita 2014.02.13 10:05 i attest to the accuracy and integrity of this document chandigarh fao no.3807 of 2001 -3- per annum interest from the date of filing of the claim petition till its realization. among the claimants, the compensation amount shall be equally shared except for increase of loss of consortium, which shall go to the wife and for loss of love and affection to the children, which shall go to the minor children, who have now become major. the enhanced amount shall be disbursed by depositing the same in the bank accounts of the claimants, to be furnished before the tribunal by the insurance company. the appeal is accordingly allowed to the said extent. (kuldip singh) february 10, 2014 judge sarita rani sarita 2014.02.13 10:05 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3807 of 2001 Date of Decision: February 10, 2014 Smt.

Kamla Devi and others ....Appellants versus Tara Chand Saini and another ....Respondents CORAM: HON'BLE Mr.JUSTICE KULDIP SINGH Present: Mr.Ashok Kumar, Advocate for Mr.Arvind Singh, Advocate for the appellantss.

Mr.Lalit Garg, Advocate for respondent No.2-Insurance Company.

Kuldip Singh.

J (Oral) This is the claimants' appeal for enhancement of compensation, awarded by Motor Accident Claims Tribunal, Kurukshetra, vide Award dated 15.06.2000.

Through the said Award, a sum of ` 3,93,500/- was awarded in favour of the claimants.

On 18.05.1998 at about 8.20 a.m., Ran Singh accompanied his brother Bir Singh, while riding motor cycle bearing No.CH-01-2008 were coming from Manimajra, Chandigarh to village Kheri Dabdalan, District Kurukshetra.

Between village Babain and Ladwa, offending car being driven by respondent No.1 came in rash and negligent manner and hit the motor cycle.

As a result of which, Bir singh died at the spot.

Claimants are the wife and two children of the deceased, who were aged about 11 and 8 years at the time of the filing of the claim petition.

The Tribunal took the income of the deceased @ ` 3,000/- per month and after deducting 1/3rd as personal expenses, Rani Sarita 2014.02.13 10:05 I attest to the accuracy and integrity of this document Chandigarh FAO No.3807 of 2001 -2- determined the dependency of the claimants at ` 2,000/- per month.

The Tribunal applied the multiplier of 16, considering the age of the deceased to be 32 years and awarded ` 3,84,000/- for the loss of dependency.

` 2,000/- were awarded on account of funeral expenses, another sum of ` 2,500/- on account of loss of estate and ` 5,000/- for loss of consortium.

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

Deceased was stated to be a carpenter and there was no proof for his income.

There is no dispute regarding the income of the deceased as determined by the Tribunal and the multiplier applied by the Tribunal.

Therefore, the compensation of ` 3,84,000/- was rightly awarded.

It is to be noted that the incident pertains to the year 1998 and the income assessed by the Tribunal @ ` 3,000 per month of a carpenter appears to have been calculated by considering the future prospects also.

Therefore, claimants are not entitled to any increase on account of loss of dependency.

However, I find that the compensation awarded on account of funeral expenses and loss of consortium should be increased.

Accordingly, the compensation for funeral expenses is increased from ` 2,000/- to ` 25,000/- and for loss of consortium, the compensation is increased from ` 5,000/- to ` 50,000/-.

For loss of love and affection for the minor children, the compensation of ` 25,000/- is granted.

In total, the compensation is enhanced to the tune of ` 93,000/-.

The enhanced compensation shall be paid @ 9% Rani Sarita 2014.02.13 10:05 I attest to the accuracy and integrity of this document Chandigarh FAO No.3807 of 2001 -3- per annum interest from the date of filing of the claim petition till its realization.

Among the claimants, the compensation amount shall be equally shared except for increase of loss of consortium, which shall go to the wife and for loss of love and affection to the children, which shall go to the minor children, who have now become major.

The enhanced amount shall be disbursed by depositing the same in the bank accounts of the claimants, to be furnished before the Tribunal by the Insurance Company.

The appeal is accordingly allowed to the said extent.

(KULDIP SINGH) February 10, 2014 JUDGE sarita Rani Sarita 2014.02.13 10:05 I attest to the accuracy and integrity of this document Chandigarh