The main legal point established in the judgment is the entitlement of parents to filial consortium and the determination of interest at the rate of 7.5% per annum on the enhanced compensation.

JUDGMENT

Tejinder Singh Dhindsa, J. - This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

2. This is a claimants' appeal seeking enhancement of compensation.

3. Counsel for the parties have been heard.

4. Briefly it may be noticed that a claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Motor Accident Claims Tribunal, Chandigarh claiming compensation on account of death of Balbir Singh in an accident that took place on 30.10.2000 involving the offending vehicle i.e. truck bearing registration No. PB-23-8957.

5. Claimants before the Motor Accident Claims Tribunal were the widow, two minor children and parents of the deceased namely Balbir Singh.

6. Based upon the pleadings of the parties the following issues were framed by the Tribunal:-

1. Whether the claimants are the legal heirs of the deceased? OPP

2. Whether the accident took place due to the rash and negligent of respondent no.1 while he was driving vehicle no. PB-23- 8957? OPP

3. If issues no. 1 & 2 are proved, to what amount of compensation the claimants are entitled and from whom of the respondents? OPP

4. Whether the respondent no.1 was not holding a valid driving licence? If so, its effect? OPR

5. Relief.

7. Since the only issue arising in the instant appeal is with regard to quantum of compensation, the findings recorded by the Tribunal with regard to issue No.3 would be relevant.

8. Suffice it to take note that the Tribunal fixed the dependency of the claimants at Rs.5000/-per month i.e. Rs. 60,000/- per annum. Taking the age of the deceased to be 42 years at the time of the death, multiplier of 16 was applied. Total amount of compensation payable to the claimants was as such determined to be Rs. 9,60,000/-. The amount of compensation was apportioned in the following manner:-

9. Apparently no amount was awarded in favour of the mother of the deceased namely Jagir Kaur as she had expired during the pendency of the claim petition before the Motor Accident Claims Tribunal.

10. Interest @ 9% per annum on the compensation amount computed from the date of filing of the claim petition till realisation was also granted.

11. Instant appeal seeking enhancement of compensation came up for hearing before this Court on 08.01.2021 and submission advanced by Mr.Ashwani Arora, Advocate for the claimant-appellants was noticed that the claim seeking enhancement would be covered in terms of the decisions of the Hon'ble Supreme Court in National Insurance Company Limited vs. Pranay Sethi and others, (2017) 4 RCR(Civ) 1009 as also The New India Assurance Company Limited vs. Smt. Somwati and others,2020 4 PLR 1. Accordingly Mr.Arora had offered to prepare a calculation sheet indicating the proposed enhanced compensation in terms of the guidelines/parameters laid down by the Apex Court in the afore-noticed two decisions and to share the same with the counsel representing the contesting respondent/insurance company.

12. During the course of resumed hearing of the main appeal today counsel for the appellants as also for the insurance company have furnished separate calculation sheets reflecting the proposed enhancement of compensation. Perusal of both the calculation sheets shows that there is a common meeting ground insofar as monthly income, tax liability for the year 2001-02, balance income post tax, increase of income towards future prospects @ 30% as per parameters laid down in Pranay Sethi's case (supra) and thereafter arriving at a total annual income of Rs.1,51,518/-. Five dependents have been shown at the time of the accident. Deduction @ 1/4th i.e. Rs.37,880/-