Swaran Kaur and Others Vs. Shri Gopal Dass and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143228
CourtPunjab and Haryana High Court
Decided OnMay-06-2014
AppellantSwaran Kaur and Others
RespondentShri Gopal Dass and Others
Excerpt:
fao-1598-2003 (o&m) 1 in the high court of punjab and haryana at chandigarh fao-1598-2003 (o&m) (mact case no.82 of 2001) date of decision:6. 5.2014 swaran kaur and others ...appellants versus shri gopal dass and others ...respondents coram: hon'ble mr.justice jitendra chauhan present: mr.sarad aggarwal, advocate for the appellants mr.rn singhal, advocate for the insurance co. **** jitendra chauhan, j.the present appeal has been filed by the claimant- appellants, seeking enhancement of the compensation amount awarded by the learned motor accidents claims tribunal, karnal (for short 'the tribunal'), vide award dated 7.1.2003, on account of the death of gurcharan singh in a motor vehicular accident.2. it is contended by the learned counsel for the appellants that the learned tribunal erred in applying the multiplier of 8 instead of 9, as the deceased was 58 years of age at the time of his death. he further submits that no amount has been awarded towards future prospects and loss of consortium. shanker gauri 2014.05.29 17:01 i attest to the accuracy and integrity of this document high court chandigarh fao-1598-2003 (o&m) 2 3. on the other hand, the learned counsel appearing for the respondent- insurance company vehemently opposes the prayer of the appellants and prays for the dismissal of the appeal.4. i have heard the learned counsel for the parties and perused the record carefully.5. the factum of accidental death of gurcharan singh is not disputed. as per ex.p-2, pmr, the deceased was 58 years of age at the time of his death. he left behind widow and two major sons. in view of smt. sarla verma and others vs. delhi transport corporation and another, 2009(3) rcr (civil) 77, the multiplier is enhanced from 8 to 9. from the perusal of the award, it emerges that no amount has been awarded towards future prospects and loss of consortium. in view of rajesh and others vs. rajbir singh and others (2013) 9 scc54 the claimants are entitled to get 15% increase towards future prospects and rs.one lac towards consortium payable to the widow only.6. accordingly, the total compensation comes to rs.3,53,400/- (3000 (monthly income) + 15% (future prospects) – 1/3rd (deduction) x 12 x 9 (multiplier) + 1,00,000 (loss of consortium payable to widow) + 5000 (funeral and last rites expenses already awarded) . the balance enhanced amount i.e.rs.1,56,400/- (3,53,400 -1,97,000/- already awarded ) shall be paid to the claimant- appellants, in the manner indicated in this judgment as well as in the shanker gauri 2014.05.29 17:01 i attest to the accuracy and integrity of this document high court chandigarh fao-1598-2003 (o&m) 3 impugned award, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.7. in view of the above, the present appeal is partly allowed and the impugned award is modified to the above extent. 6.5.2014 (jitendra chauhan) gsv judge shanker gauri 2014.05.29 17:01 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

FAO-1598-2003 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1598-2003 (O&M) (MACT case No.82 of 2001) Date of decision:

6. 5.2014 Swaran Kaur and others ...Appellants Versus Shri Gopal Dass and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sarad Aggarwal, Advocate for the appellants Mr.RN Singhal, Advocate for the Insurance Co. **** Jitendra Chauhan, J.

The present appeal has been filed by the claimant- appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accidents Claims Tribunal, Karnal (for short 'the Tribunal'), vide award dated 7.1.2003, on account of the death of Gurcharan Singh in a motor vehicular accident.

2. It is contended by the learned counsel for the appellants that the learned Tribunal erred in applying the multiplier of 8 instead of 9, as the deceased was 58 years of age at the time of his death. He further submits that no amount has been awarded towards future prospects and loss of consortium. Shanker Gauri 2014.05.29 17:01 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-1598-2003 (O&M) 2 3. On the other hand, the learned counsel appearing for the respondent- Insurance Company vehemently opposes the prayer of the appellants and prays for the dismissal of the appeal.

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

5. The factum of accidental death of Gurcharan Singh is not disputed. As per Ex.P-2, PMR, the deceased was 58 years of age at the time of his death. He left behind widow and two major sons. In view of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77, the multiplier is enhanced from 8 to 9. From the perusal of the award, it emerges that no amount has been awarded towards future prospects and loss of consortium. In view of Rajesh and others vs. Rajbir Singh and others (2013) 9 SCC54 the claimants are entitled to get 15% increase towards future prospects and Rs.One lac towards consortium payable to the widow only.

6. Accordingly, the total compensation comes to Rs.3,53,400/- (3000 (monthly income) + 15% (future prospects) – 1/3rd (deduction) x 12 x 9 (multiplier) + 1,00,000 (loss of consortium payable to widow) + 5000 (funeral and last rites expenses already awarded) . The balance enhanced amount i.e.Rs.1,56,400/- (3,53,400 -1,97,000/- already awarded ) shall be paid to the claimant- appellants, in the manner indicated in this judgment as well as in the Shanker Gauri 2014.05.29 17:01 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-1598-2003 (O&M) 3 impugned Award, within a period of 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal till its realisation.

7. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent. 6.5.2014 (JITENDRA CHAUHAN) gsv JUDGE Shanker Gauri 2014.05.29 17:01 I attest to the accuracy and integrity of this document High Court Chandigarh