2011(O&M) FAO-358-2011(O&M) KUSAM LATA AND ANR. … v. JAGDISH CHAND AND OTHERS JAGDISH CHAND AND OTHERS
Case Details
1 FAO-358-2011 (O&M) FAO IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH Reserved on: 13.08.2025 Reserved on: 13.08.2025 08.2025 Pronounced on: 28.08.2025 Pronounced on: 2011(O&M) FAO-358-2011(O&M) KUSAM LATA AND ANR. ….Appellants KUSAM LATA AND ANR. ….Appellants KUSAM LATA AND ANR. ….Appellants Vs JAGDISH CHAND AND OTHERS JAGDISH CHAND AND OTHERS .Respondents ...Respondents HARKESH MANUJA CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA CORAM: HON’BLE MR. JUSTICE Present: Mr. Ashwani Arora, Advocate Present: Mr. Ashwani Arora, Advocate Present: Mr. Ashwani Arora, Advocate for the appellants. for the appellants. Mr. Ravinder Arora, Advocate and Mr. Ravinder Arora, Advocate and Ms. Alisha Bindal, Advocate for respondents. Ms. Alisha Bindal, Advocate for respondent ***** HARKESH MANUJA, J. HARKESH MANUJA, J. [1]. l, challenge came to be laid an By way of present appeal, challenge came to be laid an l, challenge came to be laid an By way of present appea award dated 02.08.2010 passed by the learned Additional Sessions award dated 02.08.2010 passed by the learned Additional Sessions award dated 02.08.2010 passed by the learned Additional Sessions award dated 02.08.2010 passed by the learned Additional Sessions was awarded Judge, Chandigarh, whereby an amount of Rs. 3,40,000/- was awarded Judge, Chandigarh, whereby an amount of Rs. 3,40,000/ Judge, Chandigarh, whereby an amount of Rs. 3,40,000/ as compensation to the appellants/claimants along with interest @ 9% as compensation to the appellants/claimants along with interest @ 9% as compensation to the appellants/claimants along with interest @ 9% as compensation to the appellants/claimants along with interest @ 9% per annum from the date of award till realization. per annum from the date of award till realization. per annum from the date of award till realization.
Legal Reasoning
Brief Facts [2]. A claim petition came to be filed at the instance of the [2]. A claim petition came to be filed at the instance of the [2]. A claim petition came to be filed at the instance of the [2]. A claim petition came to be filed at the instance of the appellants/claimants before the Ld. Tribunal, while alleging rash and appellants/claimants before the Ld. Tribunal, while alleging rash and appellants/claimants before the Ld. Tribunal, while alleging rash and appellants/claimants before the Ld. Tribunal, while alleging rash and negligent driving of respondent No. 1/driver; and for the grant of negligent driving of respondent No. 1/driver; and for the grant of negligent driving of respondent No. 1/driver; and for the grant of negligent driving of respondent No. 1/driver; and for the grant of Kumar in a vehicular compensation on account of death of Vijay Kumar in a vehicular compensation on account of death of Vijay compensation on account of death of Vijay accident, which took place on 25.11.2008. accident, which took place on 25.11.2008. The Ld. Additional Sessions Judge, after appraisal of evidence [3]. The Ld. Additional Sessions Judge, after appraisal of evidence The Ld. Additional Sessions Judge, after appraisal of evidence The Ld. Additional Sessions Judge, after appraisal of evidence on record, held that the accident occurred due to rash and negligent on record, held that the accident occurred due to rash and negligent on record, held that the accident occurred due to rash and negligent on record, held that the accident occurred due to rash and negligent total compensation of driving of respondent No.1/ driver and awarded total compensation of driving of respondent No.1/ driver and awarded driving of respondent No.1/ driver and awarded TEJWINDER SINGH 2025.08.30 08:23 I agree to specified portions of this document 2 FAO-358-2011 (O&M) FAO 3,40,000/- along with interest @ 9% per annum from the date of award along with interest @ 9% per annum from the date of award along with interest @ 9% per annum from the date of award along with interest @ 9% per annum from the date of award till its realization. till its realization. Further, liability was fastened upon respondent No. 3/ [3.1]. Further, liability was fastened upon respondent No. 3/ Further, liability was fastened upon respondent No. 3/ Further, liability was fastened upon respondent No. 3/ Insurance Company since respondent No. 1/ driver and respondent Insurance Company since respondent No. 1/ driver and respondent Insurance Company since respondent No. 1/ driver and respondent Insurance Company since respondent No. 1/ driver and respondent were indemnified by the Insurance Company, and the No.2/ owner were indemnified by the Insurance Company, and the were indemnified by the Insurance Company, and the No.2/ owner compensation amount was directed to be released in favour of the compensation amount was directed to be released in favour of the compensation amount was directed to be released in favour of the compensation amount was directed to be released in favour of the claimants in the ratio of 15:2. claimants in the ratio of 15:2. Being aggrieved of the award dated 02.08.2010, the present [4]. Being aggrieved of the award dated 02.08.2010, the present Being aggrieved of the award dated 02.08.2010, the present Being aggrieved of the award dated 02.08.2010, the present ants/claimants for enhancement of appeal was preferred by the appellants/claimants for enhancement of ants/claimants for enhancement of appeal was preferred by the appell compensation. Facts, as specified in the claim petition, about the compensation. Facts, as specified in the claim petition, about the compensation. Facts, as specified in the claim petition, about the compensation. Facts, as specified in the claim petition, about the manner of the accident and the issue regarding negligence of the driver manner of the accident and the issue regarding negligence of the driver manner of the accident and the issue regarding negligence of the driver manner of the accident and the issue regarding negligence of the driver recorded in favour of the appellants/claimants by the Ld. Additional recorded in favour of the appellants/claimants by the Ld. Additional recorded in favour of the appellants/claimants by the Ld. Additional recorded in favour of the appellants/claimants by the Ld. Additional need no repetition for the sake of brevity. Sessions Judge need no repetition for the sake of brevity. Sessions Judge Arguments earned Counsel for the appellants submitted that the [5]. Learned Counsel for the appellants submitted that the earned Counsel for the appellants submitted that the [5]. L eceased was 19 years old at the time of death, which was duly proved deceased was 19 years old at the time of death, which was duly proved eceased was 19 years old at the time of death, which was duly proved eceased was 19 years old at the time of death, which was duly proved 1) from the deposition of the appellant/claimant No. 2, Amrit Lal (PW-1) from the deposition of the appellant/claimant No. 2, Amrit Lal from the deposition of the appellant/claimant No. 2, Amrit Lal and the same had not been rebutted by the respondents by leading any had not been rebutted by the respondents by leading any had not been rebutted by the respondents by leading any evidence. It was further submitted that Vijay Kumar was working with evidence. It was further submitted that Vijay Kumar was working with evidence. It was further submitted that Vijay Kumar was working with evidence. It was further submitted that Vijay Kumar was working with DATA Max Marketing Consultants as Office Assistant DATA Max Marketing Consultants as , drawing a salary Office Assistant, drawing a salary of Rs. 7,667/- - per month and the said fact was corroborated by the per month and the said fact was corroborated by the 3), thus, testimony of Amit Thapar, proprietor of the said concern (PW-3), thus, testimony of Amit Thapar, proprietor of the said concern (PW testimony of Amit Thapar, proprietor of the said concern (PW Ld. Additional Sessions Judge went wrong while assessing the amount Ld. Additional Sessions Judge went wrong while assessing the amount Ld. Additional Sessions Judge went wrong while assessing the amount Ld. Additional Sessions Judge went wrong while assessing the amount of compensation to be awarded to the appellants/claimants. He further of compensation to be awarded to the appellants/claimants. He further of compensation to be awarded to the appellants/claimants. He further of compensation to be awarded to the appellants/claimants. He further g has been awarded under the conventional contended that nothing has been awarded under the conventional g has been awarded under the conventional contended that nothin TEJWINDER SINGH 2025.08.30 08:23 I agree to specified portions of this document 3 FAO-358-2011 (O&M) FAO heads, therefore, he prayed for the enhancement of compensation as heads, therefore, he prayed for the enhancement of compensation as heads, therefore, he prayed for the enhancement of compensation as heads, therefore, he prayed for the enhancement of compensation as per latest decisions on the subject. per latest decisions on the subject.
Legal Reasoning
n the other hand, learned counsel representing respondent [6]. On the other hand, learned counsel representing respondent n the other hand, learned counsel representing respondent n the other hand, learned counsel representing respondent No. 3- Insurance Company neither refuted the factum of accident nor Insurance Company neither refuted the factum of accident nor refuted the factum of accident nor even the negligence of the offending vehicle, however submitted that in even the negligence of the offending vehicle, however submitted that in even the negligence of the offending vehicle, however submitted that in even the negligence of the offending vehicle, however submitted that in the facts of the present case, the compensation assessed by the the facts of the present case, the compensation assessed by the the facts of the present case, the compensation assessed by the the facts of the present case, the compensation assessed by the Tribunal called for no interference. Tribunal called for no interference. [7]. I have heard learned c have heard learned counsel for the parties and perused the for the parties and perused the book of the case. I find force in the arguments advanced by paper-book of the case. I find force in the arguments advanced by book of the case. I find force in the arguments advanced by book of the case. I find force in the arguments advanced by learned Counsel for the appellants. learned Counsel for the appellants. Discussion Question of Income Assessed Question of Income Assessed [8]. In the present case, perusal of the record indicates that In the present case, perusal of the record indicates that In the present case, perusal of the record indicates that In the present case, perusal of the record indicates that Vijay Kumar, at the time of accident, was 19 years of age. deceased- Vijay Kumar, at the time of accident, was 19 years of age. Vijay Kumar, at the time of accident, was 19 years of age. Vijay Kumar, at the time of accident, was 19 years of age. He was employed as an office assistant at DATA Max Marketing He was employed as an office assistant at DATA Max Marketing He was employed as an office assistant at DATA Max Marketing He was employed as an office assistant at DATA Max Marketing per month. Consultants and was drawing a salary of Rs. 7667/- per month. Consultants and was drawing a salary of Rs. 7667/ Consultants and was drawing a salary of Rs. 7667/ r, Ld. Additional Sessions Judge assessed the income of the However, Ld. Additional Sessions Judge assessed the income of the r, Ld. Additional Sessions Judge assessed the income of the r, Ld. Additional Sessions Judge assessed the income of the deceased @ R per month; nevertheless upon perusal of salary Rs.4,000/- per month; nevertheless upon perusal of salary per month; nevertheless upon perusal of salary certificate and his contribution towards Employees Provident Fund certificate and his contribution towards Employees Provident Fund certificate and his contribution towards Employees Provident Fund certificate and his contribution towards Employees Provident Fund which were proved on record, it is evident that the deceased was which were proved on record, it is evident that the deceased was which were proved on record, it is evident that the deceased was which were proved on record, it is evident that the deceased was receiving salary and Ld. Additional Sessions Judge erred while ignoring receiving salary and Ld. Additional Sessions Judge erred while ignoring receiving salary and Ld. Additional Sessions Judge erred while ignoring receiving salary and Ld. Additional Sessions Judge erred while ignoring the same. Therefore, this Court in its humble opinion and in the given the same. Therefore, this Court in its humble opinion and in the given the same. Therefore, this Court in its humble opinion and in the given the same. Therefore, this Court in its humble opinion and in the given facts and circumstances of the present case assesses the income of facts and circumstances of the present case assesses the income of facts and circumstances of the present case assesses the income of facts and circumstances of the present case assesses the income of deceased as Rs. 7667/- per month in consonanc deceased as Rs. 7667/ e with the records per month in consonance with the records available on file. available on file. TEJWINDER SINGH 2025.08.30 08:23 I agree to specified portions of this document 4 FAO-358-2011 (O&M) FAO [9]. The Hon’ble Supreme Court in the case of “Sarla Verma Vs. [9]. The Hon’ble Supreme Court in the case of [9]. The Hon’ble Supreme Court in the case of “Sarla Verma Vs. Delhi Transport Corporation and Another” reported as 2009 (3) RCR 2009 (3) RCR Delhi Transport Corporation and Another” Delhi Transport Corporation and Another” held that in case the deceased was a bachelor and the (Civil) 77, held that in case the deceased was a bachelor and the held that in case the deceased was a bachelor and the held that in case the deceased was a bachelor and the re the parents, the deduction follows a different principle and claimants are the parents, the deduction follows a different principle and re the parents, the deduction follows a different principle and re the parents, the deduction follows a different principle and 50% needs to be deducted as personal and living expenses. Relevant 50% needs to be deducted as personal and living expenses. Relevant 50% needs to be deducted as personal and living expenses. Relevant 50% needs to be deducted as personal and living expenses. Relevant para of the judgment is culled out as under:- para of the judgment is culled out as under: para of the judgment is culled out as under: “31. Where the deceased was a bachelor and the “31. Where the deceased was a bachelor and the “31. Where the deceased was a bachelor and the claimants are the parents, the deduction follows a claimants are the parents, the d claimants are the parents, the d different principle. In this regard to bachelors, different principle. In this regard to bachelors, different principle. In this regard to bachelors, normally, 50% is deducted as personal and living normally, 50% is deducted as personal and living normally, 50% is deducted as personal and living expenses, because it is assumed that a bachelor expenses, because it is assumed that a bachelor expenses, because it is assumed that a bachelor would would would tend tend tend to spend more on himself. Even to spend more on himself. Even to spend more on himself. Even otherwise, there is also the possibility of his getting otherwise, there is also the possibility of his otherwise, there is also the possibility of his married married married in a short in a short in a short time, time, time, in which event in which event in which event the the the contribution to the parent(s) and siblings is likely to contribution to the parent(s) and siblings is likely to contribution to the parent(s) and siblings is likely to be cut drastically. Further, subject to evidence to the be cut drastically. Further, subject to evidence to the be cut drastically. Further, subject to evidence to the contrary, the father is likely to have his own income contrary, the father is likely to have his own income contrary, the father is likely to have his own income and will not be considered as a dependent and the and will not be considered as a depend and will not be considered as a depend mother alone will be considered as a dependent. In mother alone will be considered as a dependent. In mother alone will be considered as a dependent. In the absence of evidence to the contrary, brothers the absence of evidence to the contrary, brothers the absence of evidence to the contrary, brothers and sisters will not be considered as dependents, and sisters will not be considered as dependents, and sisters will not be considered as dependents, because because because they will wither be they will wither be they will wither be independent and independent and independent and earning, or married, or be dependent on the father.” earning, or married, or be dependent on the fathe earning, or married, or be dependent on the fathe “32. Thus even if the deceased is survived by “32. Thus even if the deceased is survived by “32. Thus even if the deceased is survived by parents and siblings, only the mother would be parents and siblings, only the mother would be parents and siblings, only the mother would be considered to be dependent, and 50% would be considered to be dependent, and 50% would be considered to be dependent, and 50% would be treated as the personal and living expenses of the treated as the personal and living expenses of the treated as the personal and living expenses of the bachelor 50% as the contribution to the family. bachelor 50% as the contribution to the family. bachelor 50% as the contribution to the family. the family of the bachelor is large However, where the family of the bachelor is large However, where and dependent on the income of the deceased, as and dependent on the income of the deceased, as and dependent on the income of the deceased, as in a case where he has a widowed mother and large in a case where he has a widowed mother and large in a case where he has a widowed mother and large earning sisters or brothers, number of younger non-earning sisters or brothers, number of younger non TEJWINDER SINGH 2025.08.30 08:23 I agree to specified portions of this document 5 FAO-358-2011 (O&M) FAO his personal and living expenses may be restricted his personal and living expenses may be restricted his personal and living expenses may be restricted tribution to the family will be to one-third and contribution to the family will be to one taken as two-third.” taken as two old In the case at hand, the deceased was a 19-years old In the case at hand, the deceased was a [10]. In the case at hand, the deceased was a survived by his parents, thus, in view of law laid down in bachelor and survived by his parents, thus, in view of law laid down in survived by his parents, thus, in view of law laid down in bachelor and the humble opinion of this Court a Smt. Sarla Verma’s case (supra), in the humble opinion of this Court a the humble opinion of this Court a Smt. Sarla Verma’s case (supra), deduction of 50% on account of personal expenses would be deduction of 50% on account of personal expenses would be deduction of 50% on account of personal expenses would be deduction of 50% on account of personal expenses would be appropriate. Question of Compensation under Conventional Heads Question of Compensation under Conventional Heads Question of Compensation under Conventional Heads [11]. Furthermore, in view of the judgment of the Hon’ble Apex [11]. Furthermore, in view of the judgment of the Hon’ble Apex [11]. Furthermore, in view of the judgment of the Hon’ble Apex [11]. Furthermore, in view of the judgment of the Hon’ble Apex Court in Smt. Sarla Verma Smt. Sarla Verma’s case (supra) ’s case (supra), “National Insurance Co. “National Insurance Co. Ltd. vs. Pranay Sethi and others” reported as Ltd. vs. Pranay Sethi and others”