Smt Sunita Alias Bhupinder Kaur Vs. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1143263
CourtPunjab and Haryana High Court
Decided OnMay-08-2014
AppellantSmt Sunita Alias Bhupinder Kaur
Excerpt:
f.a.o no.3969 of 2011 ::1:: in the high court of punjab and haryana at chandigarh f.a.o no.3969 of 2011 date of decision : may 08, 2014 smt sunita alias bhupinder kaur, .....appellant v. the new majha transport company co-op society ltd and others......respondents *** coram : hon'ble mr.justice ajay tewari *** present : mr.s.k mahajan, advocate for the appellant. mr.s.k rana, advocate for respondents no.1 and 2. mr.vinod gupta, advocate for respondent no.3-insurance company. *** 1. whether reporters of local newspapers may be allowed to see the judgment ?. 2. to be referred to the reporters or not ?. 3. whether the judgment should be reported in the digest ?. *** ajay tewari, j (oral) this appeal has been filed by the claimant for enhancement of compensation. brief facts are that on 20.6.2007, vikram singh, aged about 21 years.along with sunita and sharandeep singh @ sunny were going to gurdwara on the motor cycle being driven by sharandeep singh to pay obeisance and they met with an accident with the offending bus, as a result of which, vikram singh died. the tribunal held the driver of the offending bus responsible for causing the accident. monthly income of the deceased was taken at ` 3000/- and after deducting one half of his income as personal kumar kishan 2014.05.30 10:28 i attest to the accuracy and integrity of this document high court chandigarh f.a.o no.3969 of 2011 ::2:: expenses, and applying the multiplier of 15, the tribunal assessed the compensation as ` 2.70 lacs. besides this, a sum of ` 10,000/- was awarded as funeral expenses, along with interest @ 7.5% pa. counsel for the appellant has argued that once the claimants accepted the deceased to be a student, they cannot claim that he was earning the actual income and the same being notional income, no future prospects can be granted thereon. in my considered opinion, if the deceased was taken to be a student of +2, then his notional income could not have been taken to be the lowest i.e the minimum wages of a casual labourer. even the tribunal has not accepted that the deceased was a student because no material was placed on record. it is not unknown for people to make exaggerated claim about the qualification of their children for the purpose of seeking higher compensation. in the circumstances, i do not deem it appropriate to consider the deceased to be a student and consider him to be a daily wage worker. having held that, i also grant him future prospects of 50%. counsel for the appellant has further argued that the multiplier could not be taken as per the age of the claimant but has to be taken as per the age of the deceased. counsel for the insurance company has denied this. in view of the decision of this court in fao no.5181 of 2010, nanak singh and another vs state of punjab and another, decided on 17.1.2014, i take the multiplier as 16.5. counsel for the appellant has further argued that the award of ` 10,000/- as funeral expenses is highly inadequate, and that nothing has been awarded towards loss of love and affection. kumar kishan 2014.05.30 10:28 i attest to the accuracy and integrity of this document high court chandigarh f.a.o no.3969 of 2011 ::3:: i accept this argument and award ` 10,000/- more on this account. i also award ` 1 lac to the appellant towards loss of love and affection. counsel for the appellant has further argued that the rate of interest awarded i.e 7.5% is inadequate. i accept this argument and increase the rate of interest to 10% on the enhanced amounts. i further hold that out of the entire amount now enhanced, 30% would be released to the appellant in cash and the remaining would be put in a fixed deposit in any nationalized bank initially for five years.after the firs.period of five years.half of the deposit amount would be released to her in cash and the remaining half would be again put in a fixed deposit for five years and would be paid to her on its maturity. it is made clear that the appellant would be entitled to monthly/quarterly interest accrued on both the fds. with this modification in the award, the present appeal stands disposed of. ( ajay tewari ) may 08, 2014 judge `kk' kumar kishan 2014.05.30 10:28 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

F.A.O No.3969 of 2011 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No.3969 of 2011 Date of decision : May 08, 2014 Smt Sunita alias Bhupinder Kaur, .....Appellant v.

The New Majha Transport Company Co-Op Society Ltd and otheRs......Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.S.K Mahajan, Advocate for the appellant.

Mr.S.K Rana, Advocate for respondents No.1 and 2.

Mr.Vinod Gupta, Advocate for respondent No.3-Insurance Company.

*** 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment ?.

2.

To be referred to the Reporters or not ?.

3.

Whether the judgment should be reported in the Digest ?.

*** AJAY TEWARI, J (Oral) This appeal has been filed by the claimant for enhancement of compensation.

Brief facts are that on 20.6.2007, Vikram Singh, aged about 21 yeaRs.along with Sunita and Sharandeep Singh @ Sunny were going to Gurdwara on the motor cycle being driven by Sharandeep Singh to pay obeisance and they met with an accident with the offending bus, as a result of which, Vikram Singh died.

The Tribunal held the driver of the offending bus responsible for causing the accident.

Monthly income of the deceased was taken at ` 3000/- and after deducting one half of his income as personal Kumar Kishan 2014.05.30 10:28 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.3969 of 2011 ::2:: expenses, and applying the multiplier of 15, the Tribunal assessed the compensation as ` 2.70 lacs.

Besides this, a sum of ` 10,000/- was awarded as funeral expenses, along with interest @ 7.5% pa.

Counsel for the appellant has argued that once the claimants accepted the deceased to be a student, they cannot claim that he was earning the actual income and the same being notional income, no future prospects can be granted thereon.

In my considered opinion, if the deceased was taken to be a student of +2, then his notional income could not have been taken to be the lowest i.e the minimum wages of a casual labourer.

Even the Tribunal has not accepted that the deceased was a student because no material was placed on record.

It is not unknown for people to make exaggerated claim about the qualification of their children for the purpose of seeking higher compensation.

In the circumstances, I do not deem it appropriate to consider the deceased to be a student and consider him to be a daily wage worker.

Having held that, I also grant him future prospects of 50%.

Counsel for the appellant has further argued that the multiplier could not be taken as per the age of the claimant but has to be taken as per the age of the deceased.

Counsel for the Insurance Company has denied this.

In view of the decision of this Court in FAO No.5181 of 2010, Nanak Singh and another vs State of Punjab and another, decided on 17.1.2014, I take the multiplier as 16.5.

Counsel for the appellant has further argued that the award of ` 10,000/- as funeral expenses is highly inadequate, and that nothing has been awarded towards loss of love and affection.

Kumar Kishan 2014.05.30 10:28 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.3969 of 2011 ::3:: I accept this argument and award ` 10,000/- more on this account.

I also award ` 1 lac to the appellant towards loss of love and affection.

Counsel for the appellant has further argued that the rate of interest awarded i.e 7.5% is inadequate.

I accept this argument and increase the rate of interest to 10% on the enhanced amounts.

I further hold that out of the entire amount now enhanced, 30% would be released to the appellant in cash and the remaining would be put in a fixed deposit in any nationalized bank initially for five yeaRs.After the fiRs.period of five yeaRs.half of the deposit amount would be released to her in cash and the remaining half would be again put in a fixed deposit for five years and would be paid to her on its maturity.

It is made clear that the appellant would be entitled to monthly/quarterly interest accrued on both the FDs.

With this modification in the Award, the present appeal stands disposed of.

( AJAY TEWARI ) May 08, 2014 JUDGE `kk' Kumar Kishan 2014.05.30 10:28 I attest to the accuracy and integrity of this document High Court Chandigarh