Devi (since deceased) through LRs and Bachni Devi (since deceased through LRs & Ors. v. Jasmer Singh Jasmer Singh & Ors.

Ms. Vibha Dhiman, Advocate, Ms. Vibha Dhiman, Advocate, Insurance Company. for respondent No.3-Insurance Company. for respondent No.3 **** **** AMARINDER SINGH GREWAL, J. AMARINDER SINGH GREWAL, J.

1. claimants The present appeal has been filed by the appellants–claimants The present appeal has been filed by the appellants The present appeal has been filed by the appellants mpensation awarded by the learned Motor seeking enhancement of the compensation awarded by the learned Motor mpensation awarded by the learned Motor seeking enhancement of the co Accident Claims Tribunal, Ropar (hereinafter “the Tribunal Accident Claims Tribunal, Ropar (hereinafter “ the Tribunal”), vide award dated ”), vide award dated

01.04.2005, whereby a sum of ₹1,00,000/- was granted 01.04.2005, whereby a sum of was granted as compensation on , in the motor account of the death of Prem Singh, husband of the appellant No.1, in the motor account of the death of Prem Singh, husband of the appellant No.1 account of the death of Prem Singh, husband of the appellant No.1 vehicular accident dated 09.04.2002, due to rash and negligent driving of vehicular accident dated 09.04.2002, due to rash and negligent driving of vehicular accident dated 09.04.2002, due to rash and negligent driving of vehicular accident dated 09.04.2002, due to rash and negligent driving of -1- FAO-4387-2005 (O&M) 2005 (O&M) respondent No.1. respondent No.1.

2. claimants contended that the Learned counsel for the appellants-claimants contended that the Learned counsel for the appellants Learned counsel for the appellants , learned Tribunal has erred in awarding compensation of merely Rs.1,00,000/-, learned Tribunal has erred in awarding compensation of merely Rs.1,00,000/ learned Tribunal has erred in awarding compensation of merely Rs.1,00,000/ is wholly inadequate and on the lower side in view of the facts and which is wholly inadequate and on the lower side in view of the facts and is wholly inadequate and on the lower side in view of the facts and is wholly inadequate and on the lower side in view of the facts and circumstances of the present case. Further, it was contended that the deceased circumstances of the present case. Further, it was contended that the deceased circumstances of the present case. Further, it was contended that the deceased circumstances of the present case. Further, it was contended that the deceased Prem Singh was a permanent Government employee serving as a Head Teacher Prem Singh was a permanent Government employee serving as a Head Teacher Prem Singh was a permanent Government employee serving as a Head Teacher Prem Singh was a permanent Government employee serving as a Head Teacher in a Government Primary School and was earning about Rs.15,000/ in a Government Primary School and per month, was earning about Rs.15,000/- per month, however, the learned Tribunal failed to properly assess his income while however, the learned Tribunal failed to properly assess his income while however, the learned Tribunal failed to properly assess his income while however, the learned Tribunal failed to properly assess his income while computing compensation. Furthermore, it was contended that the learned computing compensation. Furthermore, it was contended that the learned computing compensation. Furthermore, it was contended that the learned computing compensation. Furthermore, it was contended that the learned icted the Tribunal did not apply the appropriate multiplier and has wrongly restricted the Tribunal did not apply the appropriate multiplier and has wrongly restr Tribunal did not apply the appropriate multiplier and has wrongly restr compensation despite the deceased being the sole breadwinner of the family. compensation despite the deceased being the sole breadwinner of the family. compensation despite the deceased being the sole breadwinner of the family. compensation despite the deceased being the sole breadwinner of the family. Moreover, excessive deduction towards personal expenses was made without Moreover, excessive deduction towards personal expenses was made without Moreover, excessive deduction towards personal expenses was made without Moreover, excessive deduction towards personal expenses was made without considering the prevailing economic conditions and the dependency of the considering the prevailing economic conditions and the dependency of the considering the prevailing economic conditions and the dependency of the considering the prevailing economic conditions and the dependency of the ased. Additionally, no adequate compensation has been appellants upon the deceased. Additionally, no adequate compensation has been ased. Additionally, no adequate compensation has been appellants upon the dece awarded under the conventional heads including funeral expenses, last rites and awarded under the conventional heads including funeral expenses, last rites and awarded under the conventional heads including funeral expenses, last rites and awarded under the conventional heads including funeral expenses, last rites and loss of consortium. Lastly, it was contended that the interest awarded at the rate loss of consortium. Lastly, it was contended that the interest awarded at the rate loss of consortium. Lastly, it was contended that the interest awarded at the rate loss of consortium. Lastly, it was contended that the interest awarded at the rate d the appellants are entitled to of 6% per annum is on the lower side and the appellants are entitled to d the appellants are entitled to of 6% per annum is on the lower side an enhancement of compensation along with appropriate interest. enhancement of compensation along with appropriate interest. enhancement of compensation along with appropriate interest.

3. Per contra, Per contra, Insurance learned counsel for respondent No.3-Insurance learned counsel for respondent No.3 Company submitted that the award passed by the learned Tribunal does not Company submitted that the award passed by the learned Tribunal does not Company submitted that the award passed by the learned Tribunal does not Company submitted that the award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein suffer from any irregularity or infirmity, and that the findings recorded therein suffer from any irregularity or infirmity, and that the findings recorded therein suffer from any irregularity or infirmity, and that the findings recorded therein le before the learned reasoned on the basis of the material available before the learned reasoned on the basis of the material availab are well-reasoned on the basis of the material availab Tribunal. It was accordingly contended that no ground is made out for Tribunal. It was accordingly contended that no ground is made out for Tribunal. It was accordingly contended that no ground is made out for Tribunal. It was accordingly contended that no ground is made out for interference in the appeal. interference in the appeal. -2- FAO-4387-2005 (O&M) 2005 (O&M)

4. I have heard learned counsel for the parties and examined the I have heard learned counsel for the parties and examined the I have heard learned counsel for the parties and examined the I have heard learned counsel for the parties and examined the record, with their able assistance. record, with their able assistance.

5. cord, it stands established that the From the evidence led on record, it stands established that the cord, it stands established that the From the evidence led on re deceased Prem Singh suffered fatal injuries in the motor vehicular accident deceased Prem Singh suffered fatal injuries in the motor vehicular accident deceased Prem Singh suffered fatal injuries in the motor vehicular accident deceased Prem Singh suffered fatal injuries in the motor vehicular accident dated 09.04.2002 caused due to rash and negligent driving of the offending dated 09.04.2002 caused due to rash and negligent driving of the offending dated 09.04.2002 caused due to rash and negligent driving of the offending dated 09.04.2002 caused due to rash and negligent driving of the offending stimony of vehicle by respondent No.1. The learned Tribunal, on the basis of testimony of vehicle by respondent No.1. The learned Tribunal, on the basis of te vehicle by respondent No.1. The learned Tribunal, on the basis of te eye witness Ravi Kumar, FIR and postmortem report, rightly recorded a finding eye witness Ravi Kumar, FIR and postmortem report, rightly recorded a finding eye witness Ravi Kumar, FIR and postmortem report, rightly recorded a finding eye witness Ravi Kumar, FIR and postmortem report, rightly recorded a finding that the accident occurred due to rash and negligent driving of respondent No.1. that the accident occurred due to rash and negligent driving of respondent No.1. that the accident occurred due to rash and negligent driving of respondent No.1. that the accident occurred due to rash and negligent driving of respondent No.1. It has further come on record that the deceased was a permanent Government It has further come on record that the deceased was a permanent Government It has further come on record that the deceased was a permanent Government It has further come on record that the deceased was a permanent Government rving as a Head Teacher in a Government Primary School, Jassran employee serving as a Head Teacher in a Government Primary School, Jassran rving as a Head Teacher in a Government Primary School, Jassran rving as a Head Teacher in a Government Primary School, Jassran per month. and was drawing salary of about Rs.15,070/- per month. and was drawing salary of about Rs.15,070/

6. However, while assessing compensation, the learned Tribunal fell However, while assessing compensation, the learned Tribunal fell However, while assessing compensation, the learned Tribunal fell However, while assessing compensation, the learned Tribunal fell rd regarding in error in not properly appreciating the evidence available on record regarding in error in not properly appreciating the evidence available on reco in error in not properly appreciating the evidence available on reco the income and dependency of the claimants upon the deceased. A perusal of the income and dependency of the claimants upon the deceased. A perusal of the income and dependency of the claimants upon the deceased. A perusal of the income and dependency of the claimants upon the deceased. A perusal of the award reveals that though the salary certificate Ex.P1 duly proved that the the award reveals that though the salary certificate Ex.P1 duly proved that the the award reveals that though the salary certificate Ex.P1 duly proved that the the award reveals that though the salary certificate Ex.P1 duly proved that the per month, yet the learned deceased was drawing salary of about Rs.15,070/- per month, yet the learned deceased was drawing salary of about Rs.15,070/ deceased was drawing salary of about Rs.15,070/ . The learned Tribunal rded compensation of merely Rs.1,00,000/-. The learned Tribunal rded compensation of merely Rs.1,00,000/ Tribunal awarded compensation of merely Rs.1,00,000/ wife was receiving further took into consideration the fact that claimant No.1-wife was receiving further took into consideration the fact that claimant No.1 further took into consideration the fact that claimant No.1 family pension and that one of the sons of the deceased had attained majority family pension and that one of the sons of the deceased had attained majority family pension and that one of the sons of the deceased had attained majority family pension and that one of the sons of the deceased had attained majority while assessing the compensation payable to the claimants while assessing the compensation pa . Such an approach is yable to the claimants. Such an approach is legally unsustainable. The receipt of family pension by the widow or the fact legally unsustainable. The receipt of family pension by the widow or the fact legally unsustainable. The receipt of family pension by the widow or the fact legally unsustainable. The receipt of family pension by the widow or the fact that one of the sons had attained majority could not have been made a ground to that one of the sons had attained majority could not have been made a ground to that one of the sons had attained majority could not have been made a ground to that one of the sons had attained majority could not have been made a ground to the deceased, particularly deny just compensation to the legal representatives of the deceased, particularly deny just compensation to the legal representatives of deny just compensation to the legal representatives of when the deceased was a permanent salaried employee and admittedly the head when the deceased was a permanent salaried employee and admittedly the head when the deceased was a permanent salaried employee and admittedly the head when the deceased was a permanent salaried employee and admittedly the head -3- FAO-4387-2005 (O&M) 2005 (O&M) Sebastian Lakra v. National of the family. The Hon’ble Supreme Court in Sebastian Lakra v. National of the family. The Hon’ble Supreme Court in of the family. The Hon’ble Supreme Court in