Jaswant Kaur & Ors. v. Joga Singh & Ors.

Present: Mr. Vivek Suri, Advocate for the appellants. Mr. Karan Singla, Advocate for respondent Nos.1 and 2. ALKA SARIN, J. (ORAL)

The present appeal has been preferred by the claimant- appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Patiala vide award dated 08.03.2013.

Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

The Tribunal in the present case had awarded the following compensation : Sr. No. 1 2 3 4 5 Heads Compensation Awarded Monthly Income Rs.5,000/- Annual Income [Rs.5,000x12]=Rs.60,000/- Deduction 1/4th [Rs.60,000-15,000]=Rs.45,000/- Multiplier - 15 [Rs.45,000x15]=Rs.6,75,000/- Funeral expenses Rs.5,000/- Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh FAO-4442-2013 (O&M) -2- 6 7 Love and affection Rs.5,000/- Total Compensation Rs.6,85,000/- Interest 8%

Learned counsel for the appellants would contend that though the income of the deceased was rightly assessed as Rs.5,000/- per month and a multiplier of ‘15’ as well as a deduction of 1/4th was applied correctly, however, no addition has been made towards future prospects which ought to have been 40%. It is further the contention of the learned counsel that the amount awarded under the conventional heads as well as under the head ‘loss of consortium’ is also not as per the law laid down by the Hon’ble Supreme Court. In support of his contentions the learned counsel for the claimant-appellants has relied upon the judgments of the Hon’ble Supreme Court in the cases of National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680], Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors. vs. Cholamandalam M.S General Insurance Company Ltd. [2021(4) RCR (Civil) 642].

Per contra, the learned counsel for respondent Nos.1 and 2 has vehemently argued that sufficient amount has already been awarded as compensation in the present case and that there is no scope of any enhancement.

I have heard the learned counsel for the parties. Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh FAO-4442-2013 (O&M) -3-

In the present case, the Tribunal has though rightly assessed the income of the deceased as Rs.5,000/- per month and also correctly applied a multiplier of ‘15’ as well as deduction of 1/4th, however, no addition has been made towards future prospects and hence as per the law laid down by the Hon’ble Supreme Court in the case of Pranay Sethi (supra), 40% addition is made towards future prospects. Further, the amount awarded under the conventional heads and under the head ‘loss of consortium’ is not as per the law laid down by the Hon’ble Supreme Court in the cases of Pranay Sethi (supra), Magma General Insurance Company Limited (supra) and N. Jayasree (supra) and hence, the claimant-appellants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and the claimant-appellants (widow, two children and parents of the deceased) would also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium.

Accordingly, the reworked compensation is as under : Sr. No. Heads Compensation Awarded 1 Monthly Income Rs.5,000/- 2 Annual Income [Rs.5,000x12]=Rs.60,000/- 3 Deduction 1/4th [Rs.60,000-15,000]=Rs.45,000/- 4 Future Prospects - 40% [Rs.45,000+18,000]=Rs.63,000/- 5 Multiplier - 15 6 Loss of estate [Rs.63,000x15]=Rs.9,45,000/- Rs.18,000/- Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh FAO-4442-2013 (O&M) -4- 7 Funeral expenses Rs.18,000/- 8 Loss of consortium (i) Parental (ii) Filial [Rs.48,000/-x2] = Rs.96,000/- [Rs.48,000/-x2] =Rs.96,000/- (iii) Spousal's Rs.48,000/- Total Compensation Rs.12,21,000/- (Total Rs.2,40,000/-)

The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 8% per annum from the date of filing of the claim petition till realization of the entire amount. The amount shall be apportioned between the claimant-appellants as directed by the Tribunal.