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2017 Supreme(P&H) 975
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANITA CHAUDHRY, J.
Kanta Rani - Appellants
Versus
Harish Kumar and others - Respondents
FAO No. 4661 of 2015 (O&M) with FAO No. 5880 of 2014 (O&M)
Decided On : 11-12-2017
For the Appellants : Mr. Vikram Bali
For the Respondent: Mr. Eklavya K. Darshi
The main legal point established in the judgment is the assessment of compensation for the death of individuals in a motor accident, considering the income of the deceased, future prospects, and applicable multipliers.
Headnote:
Compensation - Motor Accident Claims Tribunal - The court considered appeals seeking enhancement of compensation for the death of individuals in a motor accident. The court analyzed the income of the deceased, future prospects, personal expenses, and applicable multipliers to determine the compensation. The court referred to legal provisions and recent judgments to support its decision.
Fact of the Case:
Two appeals were filed against the award passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation for the death of individuals in a motor accident. The deceased were assessed for their income, future prospects, personal expenses, and applicable multipliers to determine the compensation.
Finding of the Court:
The court partly allowed both appeals, considering the income of the deceased, future prospects, and recent judgments to support its decision.
Issues: The issues involved the assessment of compensation for the death of individuals in a motor accident, including the calculation of income, future prospects, personal expenses, and applicable multipliers.
Ratio Decidendi: The court referred to recent judgments and legal provisions to determine the compensation, considering the income of the deceased, future prospects, and applicable multipliers.
Final Decision: Both appeals were partly allowed, and the compensation was enhanced based on the court's analysis of the income of the deceased, future prospects, and recent judgments.
ANITA CHAUDHRY, J.
1. Delay condoned.
2. These are two appeals against the award dated 30.08.2013, passed by the Motor Accident Claims Tribunal, Panchkula (hereinafter referred to as the Tribunal). Claimants are seeking enhancement of compensation. Since both the appeals arise out of the same accident and were disposed off by a common judgment, therefore, I propose to deal with them together.
3. Deep Chand was going from Surajpur to Mani Majra and was on the pillion of a motorcycle. Rajnish was going along with him. An accident occurred, which led to the death of Deep Chand and Rajnish. MACT Case No. 198 was filed by Kanta Rani widow of Deep Chand seeking compensation for the death of Rajnish while MACT case No. 199 was filed by Kanta Rani and his unmarried daughter seeking compensation for the death of Deep Chand.
4. In MACT Case No. 198, the Tribunal found that Rajnish was a student and was 18 years old and it took the notional income as Rs. 4,500/- per month and made a addition of 30% towards future prospects and arrived at the annual income of Rs.70,200/-. Thereafter 50% was deducted towards personal expenses and multiplier of 13 was applied taking the age of the claimant. A sum of Rs. 5,000/- was added for funeral expenses and total award of Rs.4,61,300/- was allowed.
5. In MACT Case No. 199, the Tribunal noted that Deep Chand was 46 years old and was working as a Head Guard with a private security services at Ludhiana. Though it was pleaded that he was getting salary of Rs.9,000/- per month but the Tribunal found that his pay slip showed that he was getting only Rs.3,742/- per month as salary but the Tribunal took the minimum wages which was Rs.4,000/- per month and gave an increase of 30% towards future prospects and deducted 1/3rd towards personal expenses and applied the multiplier of 13 to assess the compensation and total awarded Rs. 5,40,800/-.
ARGUMENTS
6. The submission made in FAO-4461-2015, which has been filed against the award passed in MACT case no. 198 of 02.06.2011 was that there should have been an increase of 50% towards future prospects and the age of the deceased should have been taken into account for applying the multiplier.
7. In the latest judgment rendered by Hon'ble Supreme Court in National Insurance Co. Ltd. Vs. Pranay Sethi in SLP (Civil) No. 25590 of 2014, the issue regarding future prospects has been decided. The income of deceased was assessed at Rs.4,500/- per month, therefore, the addition would be 40% and not 50% and the income after addition of 40% would be Rs.6,300/- per month and making a deduction of 50%, the amount available would be Rs.3,150/- per month. The multiplier applicable would be 13 as the age of the claimant has to be taken into account in view of New India Assurance Company Ltd. Vs. Shanti Pathak and others 2007(3) RCR (Civil) 593 and Shakti Devi Vs. New India Insurance Co. Ltd. 2011 ACJ 15 and the compensation would be Rs.3,150 x 12 x 13 = Rs.4,91,400/-. To this a sum of Rs.15,000/- should be added for funeral expenses and Rs.15,000/- for loss of estate, which makes the total of Rs.5,21,400/-. The balance amount would be payable with interest @ 6% from the date of filing of this appeal till realization.
8. The submission made in FAO-5880-2014, which has been filed against the award passed in MACT case no. 199 of 02.06.2011 was that the amount allowed on the miscellaneous heads and as per Pranay Sethi's case (supra), should be Rs.70,000/- and Rs.5,000/- has been allowed for funeral expenses and Rs.5,000/- for loss of consortium.
9. In Pranay Sethis's case (supra) rendered by five judges Bench an addition of Rs.10,000/- has to be made for funeral expenses and Rs.15,000/- has to be allowed for loss of estate and Rs.35,000/- should be allowed for loss of consortium. The total of this comes to Rs.60,000/-. This is the only increase which the appellants are entitled to. This amount would be paid by the insurance company with interest @ 6% from the date of filing of appeal til
