The High Court
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO-5203-2014 (O&M) Sh.Suresh Kumar and another Sh.Sharnjit Singh and another VERSUS ...Appellants ...Respondents (ii) FAO-5262-2014 (O&M) Sh.Suresh Kumar Sh.Sharnjit Singh and another VERSUS ...Appellant ...Respondents (iii) FAO-7433-2014 (O&M) Sh.Narinder Pal and another Sh.Sharnjit Singh and another VERSUS ...Appellants ...Respondents Date of Decision: January 31, 2025 CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present:
Legal Reasoning
Mr.Ashwani Arora, Advocate for the appellants. None for respondent No.1. Ms.Jagriti Kalia, Asst. Advocate General, Punjab for respondent No.2. VINEET GULATI 2025.02.06 09:24 I attest to the accuracy and authenticity of this document Chandigarh **** FAO-5203-2014 and connected cases -2- ARCHANA PURI, J. These are three appeals, filed by the appellants-claimants, thereby, seeking enhancement of the compensation awarded to them, by learned Motor Accident Claims Tribunal, on account of deaths of Anita Devi, Priya @ Piya and Shobha Devi, in a motor vehicular accident, which took place on 16.07.2012. Though, three different claim petitions were filed by the claimants, with regard to the deaths of aforesaid persons and they were consolidated, but however, the Awards, thereafter, were passed individually qua the separate claim petitions. On appraisal of the evidence, brought on record, learned Tribunal had granted compensation to the extent of Rs.10,87,000/-, qua death of Anita Devi. Lumpsum amount of Rs.2,02,000/- was granted qua death of Priya @ Piya and qua death of Shobha Devi, compensation to the extent of Rs.10,27,000/- was awarded. The accident had taken place on 16.07.2012 and learned Tribunal, on the appraisal of the evidence, had concluded about the accident to have been caused, on account of rash and negligent driving of bus bearing registration No.PB-07S-2704, driven by respondent No.1-Sharanjit Singh and the same resulted into deaths of Anita Devi, Priya @ Piya and Shobha Devi. However, no appeal, has been filed by the respondents to assail the liability, fastened upon them. Be it noted that the appeals have been filed only for seeking enhancement of the compensation. VINEET GULATI 2025.02.06 09:24 I attest to the accuracy and authenticity of this document Chandigarh So far as, deceased Anita Devi and Shobha Devi, are concerned, FAO-5203-2014 and connected cases -3- it stands established from the evidence adduced that they were housewives, at the relevant time. Anita Devi was appropriately held to be 31 years old, whereas, Shobha Devi was appropriately held to be 38 years old. The notional income of both the deceased was assessed by learned Tribunal as Rs.5000/- per month. Considering the age of deceased Anita Devi to be 31 years, multiplier of ‘16’ was appropriately applied and loss of dependency was worked upon as Rs.9,60,000/-. Besides the same, another amount of Rs.1 lakh was granted, on the count of ‘loss of consortium’ and Rs.25,000/- was granted, on the count of ‘funeral expenses’. Thus, the total compensation was worked upon as Rs.10,85,000/- and further, an amount of Rs.2000/- was granted as costs. On the same parameters, considering the age of deceased Shobha Devi to be 38 years, suitable multiplier of ‘15’ was applied and the loss of dependency was worked upon as Rs.9,00,000/-. Besides the same, another amount of Rs.1 lakh was granted, on the count of ‘loss of consortium’ and Rs.25,000/- was granted, on the count of ‘funeral expenses’. Thus, the total compensation was worked upon as Rs.10,25,000/- and further, an amount of Rs.2000/- was granted as costs. However, as per prevalent law, the compensation, so worked upon, do call for re-computation. It should also always be kept in mind that the Motor Vehicles Act is a benevolent piece of legislation and the compensation awarded under the same ought to be ‘just and reasonable’. At the same time, the statutory provisions clearly indicate that the compensation must be ‘just’ and it ought VINEET GULATI 2025.02.06 09:24 I attest to the accuracy and authenticity of this document Chandigarh FAO-5203-2014 and connected cases -4- not to be bonanza or a source of profit, but the same should also not be pittance. Time and again, it has been held by the Courts, that to determine the compensation for the services rendered by the homemaker to the house, is a difficult task. There is no data for determination of compensation by following any straight jacket formula, but however, taking into consideration, the multifarious services rendered by the housewives for managing the entire family, the value of the services should be assessed and compensation be worked upon. Beneficial reference is made to Kirti and another v/s Oriental Insurance Company Ltd., 2021(2) SCC 166, wherein, the Hon'ble Supreme Court, while considering the case of death of a homemaker, the following observations were made, as herein given:- “32. Returning to the question of how such notional income of a homemaker is to be calculated, there can be no fixed approach. It is to be understood that in such cases the attempt by the Court is to fix an approximate economic value for all the work that a homemaker does, impossible though that task may be. Courts must keep in mind the idea of awarding just compensation in such cases, looking to the facts and circumstances.” ................ XX XXX XXX XX “35. However, it must be remembered that all the above methods are merely suggestions. There can be no exact calculation or formula that can magically ascertain the true value provided by an individual gratuitously for those that they are near and dear to. The attempt of the Court in such matters should therefore be towards determining, in the best manner possible, the truest approximation of the value added by a homemaker for the purpose of granting monetary compensation. 36. Whichever method a Court ultimately chooses to value the activities of a homemaker, would ultimately depend on the facts and circumstances of the case. The Court needs to keep in mind VINEET GULATI 2025.02.06 09:24 I attest to the accuracy and authenticity of this document Chandigarh FAO-5203-2014 and connected cases -5-