Raj Kumari and Others Vs. Prem Chand and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1129291
CourtPunjab and Haryana High Court
Decided OnFeb-06-2014
AppellantRaj Kumari and Others
RespondentPrem Chand and Others
Excerpt:
fao-4346-2011 -1- in the high court of punjab and haryana at chandigarh fao-4346-2011 (o&m) date of decision:06. 02.2014 raj kumari and others ...appellants versus prem chand and others ...respondents coram: hon'ble mr. justice jitendra chauhan present: mr. munish kumar garg, advocate, for mr. amit kumar jain, advocate, for the appellants. ms. vandana malhotra, advocate, for the insurance company. -.- jitendra chauhan, j.1. the present appeal has been preferred by the claimant- appellants, seeking enhancement of the amount of compensation awarded vide impugned award dated 03.05.2011, passed by the learned motor accident claims tribunal, jind (for short, 'the tribunal').2. the learned counsel for the appellants contends that the learned tribunal has wrongly applied the deduction to the extent of 1/3. the amount granted under the other heads is also on the lower side. sethi atul 2014.02.24 17:51 i attest to the accuracy and integrity of this document chandigarh fao-4346-2011 -2- 3. on the other hand, the learned counsel for the respondent-insurance company has vehemently opposed the present appeal.4. i have heard the learned counsel for the parties and perused the record.5. in the instant case, there are six claimant-dependents. the learned tribunal has deducted 1/3 on account of the personal expenses of the deceased, which is against the law laid down in smt. sarla verma vs. dtc (2009) 6 scc121 accordingly, the deduction shall be to the extent of 1/5.6. it is further observed that the learned tribunal has awarded an amount of rs.10,000/- towards 'consortium, transportation and funeral expenses' which is on lower side. accordingly, keeping in view the law laid down in rajesh vs. rajbir singh, (2013) 9 scc54 another amount of rs.90,000/- is awarded under the head 'loss of consortium', payable to the widow only, and rs.10,000/- more is awarded towards funeral expenses. an amount of rs.1,00,000/- is awarded towards the head 'loss of love, care and guidance to the minor children', which will be payable to the children of the deceased in equal shares.7. the enhanced amount of compensation, as indicated above, shall be calculated by the learned tribunal, and paid to the claimants within a period of 45 days from the date of receipt of a sethi atul 2014.02.24 17:51 i attest to the accuracy and integrity of this document chandigarh fao-4346-2011 -3- certified copy of this judgment, failing which, they shall also be entitled to interest @ 7.5% per annum, from the date of filing the present appeal, till its realization.8. with the aforesaid modification in the impugned award, the present appeal is partly allowed. 06.02.2014 ( jitendra chauhan) atulsethi judge sethi atul 2014.02.24 17:51 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO-4346-2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4346-2011 (O&M) Date of decision:

06. 02.2014 Raj Kumari and others ...Appellants Versus Prem Chand and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Munish Kumar Garg, Advocate, for Mr. Amit Kumar Jain, Advocate, for the appellants. Ms. Vandana Malhotra, Advocate, for the Insurance Company. -.- JITENDRA CHAUHAN, J.

1. The present appeal has been preferred by the claimant- appellants, seeking enhancement of the amount of compensation awarded vide impugned award dated 03.05.2011, passed by the learned Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal').

2. The learned counsel for the appellants contends that the learned Tribunal has wrongly applied the deduction to the extent of 1/3. The amount granted under the other heads is also on the lower side. Sethi Atul 2014.02.24 17:51 I attest to the accuracy and integrity of this document Chandigarh FAO-4346-2011 -2- 3. On the other hand, the learned counsel for the respondent-Insurance Company has vehemently opposed the present appeal.

4. I have heard the learned counsel for the parties and perused the record.

5. In the instant case, there are six claimant-dependents. The learned Tribunal has deducted 1/3 on account of the personal expenses of the deceased, which is against the law laid down in Smt. Sarla Verma Vs. DTC (2009) 6 SCC121 Accordingly, the deduction shall be to the extent of 1/5.

6. It is further observed that the learned Tribunal has awarded an amount of Rs.10,000/- towards 'consortium, transportation and funeral expenses' which is on lower side. Accordingly, keeping in view the law laid down in Rajesh Vs. Rajbir Singh, (2013) 9 SCC54 another amount of Rs.90,000/- is awarded under the head 'loss of consortium', payable to the widow only, and Rs.10,000/- more is awarded towards funeral expenses. An amount of Rs.1,00,000/- is awarded towards the head 'loss of love, care and guidance to the minor children', which will be payable to the children of the deceased in equal shares.

7. The enhanced amount of compensation, as indicated above, shall be calculated by the learned Tribunal, and paid to the claimants within a period of 45 days from the date of receipt of a Sethi Atul 2014.02.24 17:51 I attest to the accuracy and integrity of this document Chandigarh FAO-4346-2011 -3- certified copy of this judgment, failing which, they shall also be entitled to interest @ 7.5% per annum, from the date of filing the present appeal, till its realization.

8. With the aforesaid modification in the impugned award, the present appeal is partly allowed. 06.02.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE Sethi Atul 2014.02.24 17:51 I attest to the accuracy and integrity of this document Chandigarh