FAO No. 7500 of 2014 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO No. 7500 of 2014 (O&M)

Date of Decision: 10.12.2018.

Smt. Gomati Devi and others

.......Appellants

Versus

Sohal Lal and others

......Respondents

CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Arvind Bansal, Advocate

for the appellants.

Mr. Gaurav Jindal, Advocate

for respondents No. 1 and 2.

Ms. Vandana Malhotra, Advocate

for respondent No.3.

AVNEESH JHINGAN, J.(oral)

The award dated 26.11.2013 passed by the Motor Accident

Claims Tribunal, Kaithal (for short 'the Tribunal') has been assailed by legal

heirs of Hari Pal, seeking enhancement of compensation awarded under

Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act').

The appellants are widow and two sons of Hari Pal. The driver

of Tractor Trolley bearing registration No. HR08-L-6595 (hereinafter

referred to as 'offending vehicle'), owner and insurer ( i.e. United India

Insurance Company) of the offending vehicle have been arrayed as

respondents No. 1 to 3 respectively in the appeal.

REEMA SAINI

2018.12.15 10:19

I attest to the accuracy and

integrity of this document

High Court, Chandigarh

FAO No. 7500 of 2014 (O&M)

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The facts emanating from the record are that on 18.4.2012 Hari

Pal was driving his motor cycle bearing registration No. HR08-J-7154.

When he reached near Aggarwal Dharamshala, in the area of Dhand, his

motor cycle was hit by a rashly and negligent driven offending vehicle. As a

result of the impact, he sustained serious injuries, he was admitted in Anand

Hospital, Kurukshetra from where he was referred to PGI, Chandigarh. He

lost his life on 21.4.2012. FIR No. 41 was registerred at Police Station

Dhand.

A claim petition under Section 166 of the Act was filed. The

Tribunal after considering the facts and appreciating the evidence adduced

held that the accident was caused due to rash and negligent driving of the

offending vehicle. The owner, driver and insurer of the offending vehicle

were held jointly and severally liable to pay compensation. The Tribunal

awarded a sum of `8,78,000/- along with interest at the rate of 7.5% per

annum. The amount awarded included `10,000/- for loss of consortium, `

15,000/-towards last rites and `25,000/- for medical treatment.

In the claim petition, the claimants pleaded that the deceased

was working as Assistant foreman with Uttar Haryana Bijli Vitran Nigam,

Dhand. He was 57 years old and was about to retire in few months.

The Tribunal after considering the facts of the case, assessed

the monthly earning of the deceased as `17,350/-, ½ deduction for self

expenses was made and multiplier of 8 was applied.

Heard learned counsel for the parties, perused the paper book

and relevant record.

REEMA SAINI

2018.12.15 10:19

I attest to the accuracy and

integrity of this document

High Court, Chandigarh

FAO No. 7500 of 2014 (O&M)

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Learned counsel for the appellants argued that no future

propects have been awarded and the Tribunal erred in applying the multipler

of 8 instead of 9. He further argued that deduction for self-expenses should

be 1/3rd and the amount awarded under conventional heads is on lower

side. No other issue was raised.

Learned counsel for the insurer defended the award and resisted

any further enhancement.

The contention raised by learned counsel for the appellant

deserves acceptance, in view of the decision of Supreme Court in National

Insurance Company Limited Vs. Pranay Sethi and others (2017) AIR

(SC) 5157 . Considering the fact that the deceased was 57 years and was

having a permanent job, 15% future prospects are awarded. The claimants

are entitled to `15,000/- each for funeral expenses and for loss of estate.

`40,000/- is awarded to widow for loss of consortium.

The deceased was 57 years old and in-c