Fao No.905 of 2002(Oandm) Vs. Chaman Lal and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1155023
CourtPunjab and Haryana High Court
Decided OnJul-01-2014
AppellantFao No.905 of 2002(Oandm)
RespondentChaman Lal and Another
Excerpt:
fao no.905 of 2002(o&m) 1 in the high court of punjab and haryana at chandigarh fao no.905 of 2002(o&m) date of decision: 01.07.2014 kulwinder kaur & others ......appellant(s) versus chaman lal and another ......respondent(s) coram:- hon'ble mr.justice rakesh kumar garg * * * present: mr.ashok jindal, advocate for the appellant(s).mr.m.b.jain, advocate for respondent no.2-insurance company. rakesh kumar garg, j. (oral) as per the facts emerging out from the award of the motor accidents claims tribunal, bathinda, one hakam singh died due to injuries suffered by him while travelling in canter no.hr-20-5134 which met with an accident with truck no.ap-35-t-737 driven by sahib singh- respondent rashly and negligently. the tribunal after determining the monthly income of the deceased at rs.2,000/- per month, determined the income of the deceased as per the structured formula at rs.4,08,000/-. a cut of 1/3rd was applied and thereafter, a sum of rs.2,72,000/- was awarded to the claimants as compensation. counsel for the claimant/appellants before this court has vehemently argued that findings of the tribunal with regard to monthly income of deceased hakam singh at rs.2,000/- are erroneous and are contrary to the evidence on record. counsel for the claimant/appellants has further argued that it has come in the statement of the claimants that saini pushpinder 2014.07.10 14:45 i attest to the accuracy and integrity of this document high court chandigarh fao no.905 of 2002(o&m) 2 deceased was earning a sum of rs.3,000/- as salary and even this fact was admitted by the owner of the vehicle in his cross-examination and no rebuttal evidence has been produced by the respondent-insurance company to controvert the aforesaid factum of income of the deceased and therefore, income of the deceased should be taken at rs.3,000/- while determining the compensation. however, counsel for the respondents has submitted that even as per the pleaded case of the appellants, monthly income of the deceased was rs.2,500/- and no evidence beyond the pleadings can be looked into. learned counsel representing the respondent-insurance company could not support the findings of the tribunal fixing the income of the deceased at rs.2,000/- in any manner. admittedly, canter no.hr-20-5134 was insured under a valid policy at the time of accident. hakam singh deceased was of 28 years of age at the time of his death. in the pleadings, it was pleaded that monthly salary of the deceased was rs.2500/- whereas in the evidence it came on record that the deceased was earning a sum of rs.3,000/- per month as salary. in fact the owner of the vehicle admitted the aforesaid fact in his cross-examination. there is no rebuttal evidence produced on record by the respondent-insurance company to controvert the aforesaid factum of income of deceased hakam singh. thus, keeping in view the pleadings of the appellants and the evidence which has come on record, this court is of the view that monthly income of the deceased should have been taken at rs.2,500/- instead of rs.2,000/- per month. thus, taking yearly income of deceased hakam singh at rs.30,000/-, income of the deceased comes to rs.5,10,000/- as per structured formula. after applying a cut of 1/3rd, the amount payable to saini pushpinder 2014.07.10 14:45 i attest to the accuracy and integrity of this document high court chandigarh fao no.905 of 2002(o&m) 3 the appellants will be rs.3,40,000/-. thus, the appellants are held entitled to a sum of rs.3,40,000/-. it is further not in dispute that the appellants are also entitled to statutory benefits to the extent of rs.9,500/-. thus, a total compensation payable to the claimant/appellants comes to rs.3,49,500/-. accordingly, this appeal is allowed and the impugned award is modified to the aforesaid extent. let the remaining amount be paid by the insurance company to the claimants within two months from today along with interest @ 9% per annum from the date of filing of the claim petition till its realisation. july 01, 2014 (rakesh kumar garg) ps judge saini pushpinder 2014.07.10 14:45 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

FAO No.905 of 2002(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.905 of 2002(O&M) Date of decision: 01.07.2014 Kulwinder Kaur & others ......Appellant(s) Versus Chaman Lal and another ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr.Ashok Jindal, Advocate for the appellant(s).Mr.M.B.Jain, Advocate for respondent No.2-Insurance Company.

Rakesh Kumar Garg, J.

(Oral) As per the facts emerging out from the award of the Motor Accidents Claims Tribunal, Bathinda, one Hakam Singh died due to injuries suffered by him while travelling in Canter No.HR-20-5134 which met with an accident with truck No.AP-35-T-737 driven by Sahib Singh- respondent rashly and negligently.

The Tribunal after determining the monthly income of the deceased at Rs.2,000/- per month, determined the income of the deceased as per the structured formula at Rs.4,08,000/-.

A cut of 1/3rd was applied and thereafter, a sum of Rs.2,72,000/- was awarded to the claimants as compensation.

Counsel for the claimant/appellants before this Court has vehemently argued that findings of the Tribunal with regard to monthly income of deceased Hakam Singh at Rs.2,000/- are erroneous and are contrary to the evidence on record.

Counsel for the claimant/appellants has further argued that it has come in the statement of the claimants that Saini Pushpinder 2014.07.10 14:45 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.905 of 2002(O&M) 2 deceased was earning a sum of Rs.3,000/- as salary and even this fact was admitted by the owner of the vehicle in his cross-examination and no rebuttal evidence has been produced by the respondent-Insurance Company to controvert the aforesaid factum of income of the deceased and therefore, income of the deceased should be taken at Rs.3,000/- while determining the compensation.

However, counsel for the respondents has submitted that even as per the pleaded case of the appellants, monthly income of the deceased was Rs.2,500/- and no evidence beyond the pleadings can be looked into.

Learned counsel representing the respondent-Insurance Company could not support the findings of the Tribunal fixing the income of the deceased at Rs.2,000/- in any manner.

Admittedly, Canter No.HR-20-5134 was insured under a valid policy at the time of accident.

Hakam Singh deceased was of 28 years of age at the time of his death.

In the pleadings, it was pleaded that monthly salary of the deceased was Rs.2500/- whereas in the evidence it came on record that the deceased was earning a sum of Rs.3,000/- per month as salary.

In fact the owner of the vehicle admitted the aforesaid fact in his cross-examination.

There is no rebuttal evidence produced on record by the respondent-Insurance Company to controvert the aforesaid factum of income of deceased Hakam Singh.

Thus, keeping in view the pleadings of the appellants and the evidence which has come on record, this Court is of the view that monthly income of the deceased should have been taken at Rs.2,500/- instead of Rs.2,000/- per month.

Thus, taking yearly income of deceased Hakam Singh at Rs.30,000/-, income of the deceased comes to Rs.5,10,000/- as per structured formula.

After applying a cut of 1/3rd, the amount payable to Saini Pushpinder 2014.07.10 14:45 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.905 of 2002(O&M) 3 the appellants will be Rs.3,40,000/-.

Thus, the appellants are held entitled to a sum of Rs.3,40,000/-.

It is further not in dispute that the appellants are also entitled to statutory benefits to the extent of Rs.9,500/-.

Thus, a total compensation payable to the claimant/appellants comes to Rs.3,49,500/-.

Accordingly, this appeal is allowed and the impugned award is modified to the aforesaid extent.

Let the remaining amount be paid by the Insurance Company to the claimants within two months from today along with interest @ 9% per annum from the date of filing of the claim petition till its realisation.

July 01, 2014 (RAKESH KUMAR GARG) ps JUDGE Saini Pushpinder 2014.07.10 14:45 I attest to the accuracy and integrity of this document High Court Chandigarh