Ajit Singh Malik and Another Vs. Ishwar Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1132450
CourtPunjab and Haryana High Court
Decided OnFeb-12-2014
AppellantAjit Singh Malik and Another
Respondentishwar Singh and Others
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.1112 of 2001(o&m) date of decision: february 12, 2014 ajit singh malik and another ..appellants versus ishwar singh and others ..respondents coram:- hon'ble mr.justice harinder singh sidhu present: mr.sandeep singh, advocate for mr.ramesh hooda, advocate, for the appellants. mr.lalit garg, advocate for the respondent – insurance company. *** harinder singh sidhu, j.(oral) parveen lata, a sanskrit teacher in government senior secondary school, bahabalpur, aged about 30½ years.died in a vehicular accident on 25.3.1999, due to rash and negligent driving of truck no.hr-20a-6127. her husband and a minor child filed claim application and the motor accident claims tribunal, hisar (for short `the tribunal') awarded them compensation of rs.8,20,000/- along with interest. as per salary certificate (exhibit ph).the deceased was drawing salary of rs.8499/- per month. the tribunal after considering that her husband – claimant is also employed as teacher and the family was not solely dependent upon the income of the deceased, assessed the dependency at rs.4500/- per month. multiplier of 15 was applied and rs.5000/-, each, were awarded under the heads of `loss of consortium' and `funeral expenses'. fao no.1112 of 2001(o&m) [2].challenging the quantum of compensation, learned counsel for the appellants has referred to decisions of supreme court in smt. sarla verma and others versus delhi transport corporation and anr, 2009(6) scc121 rajesh and others versus rajbir singh and others.2013 acj1403and a division bench judgment of this court in poonam etc.versus rajbir rawat, etc.2013(1) rcr(civil) 988. it is contended that the deceased being about 30 years old, 50% increase in her income towards future prospects needs to be made. after deducting only 1/3rd of the income for personal expenses, multiplier of 17 should have been applied. the amount awarded under the heads of `loss of consortium' and `loss of love and affection' are also stated to be on lower side. in rajesh and others (supra).the hon'ble supreme court has held that in case of self-employed or persons with fixed wages, below 40 years.there must be an addition of 50% to the actual income of the deceased. similar view was taken by a hon'ble division bench of this court in poonam's case (supra).so far as multiplier is concerned, in view of sarla verma's case (supra).multiplier of 17 should be applied and not 15, as done by the tribunal. that apart, the claimants husband and the minor child also need to be compensated adequately under the heads of `loss of consortium' and `loss of love and affection', respectively. now, while dealing with the firs.contention regarding loss of dependency, learned counsel for the parties are in agreement that considering that the deceased was an income-tax payee, contribution towards the family may be taken as 4500/- per month at the time of her death. adding 50% towards future prospects, it comes to rs.6750/- (4500+2250).that is, rs.81,000/- (6750x12) per annum. fao no.1112 of 2001(o&m) [3].in view of above, this court holds that the claimants are entitled to compensation as under:- sr.no.heads calculation (in rs.) (i) loss of dependency (after 50% increase) 4500+[4500x50/100].= 6750 p.m.(ii) compensation after applying multiplier of 6750x12x17= 13,77,000/- 17 (iii) loss of consortium (payable to claimant 1,00,000/- husband) (iv) loss of love and affection ( payable to 50,000/- claimant child) (v) funeral expenses 10,000/- total compensation awarded 15,37,000/- accordingly, the appeal is allowed and the award of the tribunal is modified to the extent that the appellants are held entitled to total compensation of rs.15,37,000/-, that is, rs.7,17,000/- (15,37,000-8,20,000) over and above the amount awarded by the tribunal. interest shall be paid on the enhanced amount at the rate of 7.5% per annum from the date of filing of claim application till realisation. that amount awarded under heads at sr.no.(iii) `loss of consortium' and (iv) `loss of love and affection' shall be payable to the husband (appellant no.1) and child (appellant no.2).respectively. the amount enhanced and payable under heads (ii) and (v) shall be payable to the appellants no.1 and 2 in the same proportion as directed by the tribunal, i.e.1/4th to appellant no.1 and 3/4th to appellant no.2. february 12, 2014 ( harinder singh sidhu ) `gian' judge
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1112 of 2001(O&M) Date of Decision: February 12, 2014 Ajit Singh Malik and another ..Appellants Versus Ishwar Singh and others ..Respondents CORAM:- HON'BLE MR.JUSTICE HARINDER SINGH SIDHU Present: Mr.Sandeep Singh, Advocate for Mr.Ramesh Hooda, Advocate, for the appellants.

Mr.Lalit Garg, Advocate for the respondent – Insurance Company.

*** HARINDER SINGH SIDHU, J.(ORAL) Parveen Lata, a Sanskrit teacher in Government Senior Secondary School, Bahabalpur, aged about 30½ yeaRs.died in a vehicular accident on 25.3.1999, due to rash and negligent driving of truck No.HR-20A-6127.

Her husband and a minor child filed claim application and the Motor Accident Claims Tribunal, Hisar (for short `the Tribunal') awarded them compensation of Rs.8,20,000/- along with interest.

As per salary certificate (Exhibit PH).the deceased was drawing salary of Rs.8499/- per month.

The Tribunal after considering that her husband – claimant is also employed as teacher and the family was not solely dependent upon the income of the deceased, assessed the dependency at Rs.4500/- per month.

Multiplier of 15 was applied and Rs.5000/-, each, were awarded under the heads of `loss of consortium' and `funeral expenses'.

FAO No.1112 of 2001(O&M) [2].Challenging the quantum of compensation, learned counsel for the appellants has referred to decisions of Supreme Court in Smt.

Sarla Verma and others versus Delhi Transport Corporation and Anr, 2009(6) SCC121 Rajesh and others versus Rajbir Singh and otheRs.2013 ACJ1403and a Division Bench judgment of this Court in Poonam etc.versus Rajbir Rawat, etc.2013(1) RCR(Civil) 988.

It is contended that the deceased being about 30 years old, 50% increase in her income towards future prospects needs to be made.

After deducting only 1/3rd of the income for personal expenses, multiplier of 17 should have been applied.

The amount awarded under the heads of `loss of consortium' and `loss of love and affection' are also stated to be on lower side.

In Rajesh and others (supra).the Hon'ble Supreme Court has held that in case of self-employed or persons with fixed wages, below 40 yeaRs.there must be an addition of 50% to the actual income of the deceased.

Similar view was taken by a Hon'ble Division Bench of this Court in Poonam's case (supra).So far as multiplier is concerned, in view of Sarla Verma's case (supra).multiplier of 17 should be applied and not 15, as done by the Tribunal.

That apart, the claimants husband and the minor child also need to be compensated adequately under the heads of `loss of consortium' and `loss of love and affection', respectively.

Now, while dealing with the fiRs.contention regarding loss of dependency, learned counsel for the parties are in agreement that considering that the deceased was an income-tax payee, contribution towards the family may be taken as 4500/- per month at the time of her death.

Adding 50% towards future prospects, it comes to Rs.6750/- (4500+2250).that is, Rs.81,000/- (6750x12) per annum.

FAO No.1112 of 2001(O&M) [3].In view of above, this Court holds that the claimants are entitled to compensation as under:- Sr.No.Heads Calculation (In Rs.) (i) Loss of dependency (after 50% increase) 4500+[4500x50/100].= 6750 p.m.(ii) Compensation after applying multiplier of 6750x12x17= 13,77,000/- 17 (iii) Loss of Consortium (payable to claimant 1,00,000/- husband) (iv) Loss of Love and Affection ( payable to 50,000/- claimant child) (v) Funeral Expenses 10,000/- Total Compensation awarded 15,37,000/- Accordingly, the appeal is allowed and the Award of the Tribunal is modified to the extent that the appellants are held entitled to total compensation of Rs.15,37,000/-, that is, Rs.7,17,000/- (15,37,000-8,20,000) over and above the amount awarded by the Tribunal.

Interest shall be paid on the enhanced amount at the rate of 7.5% per annum from the date of filing of claim application till realisation.

That amount awarded under heads at Sr.No.(iii) `loss of consortium' and (iv) `loss of love and affection' shall be payable to the husband (appellant No.1) and child (appellant No.2).respectively.

The amount enhanced and payable under heads (ii) and (v) shall be payable to the appellants No.1 and 2 in the same proportion as directed by the Tribunal, i.e.1/4th to appellant No.1 and 3/4th to appellant No.2.

February 12, 2014 ( HARINDER SINGH SIDHU ) `gian' JUDGE