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1996 DIGILAW 288 (RAJ)

Bimla Devi v. Tek Singh

1996-03-18

B.R.ARORA

body1996
JUDGMENT 1. - This appeal by the claimant-appellants for enhancement of the amount of compensation has been filed against the Award dated 3.11.1992 passed by the Judge, Motor Accident Claims Tribunal, Hanumangarh (Camp Suratgarh), by which the learned Judge of the Tribunal awarded a sum of Rs. 2,50,000/- after deducting the amount of Rs. 34,000/- on account of lump-sum payment. 2. It is contended by the learned counsel for the claimant-appellants that the learned Judge of the Tribunal was not right in deducting the amount of Rs. 34,000/- on account of lump-sum payment. It has, also, been contended by the learned counsel for the appellants that the learned Judge of the Tribunal was not justified in awarding a sum of Rs. 5000/- only for the loss of consortium and love and affection to the claimants. The age of the deceased at the time of his death in the accident was 27 years and that of his widow (claimant Bimla Devi) was only 20 years. The amount of compensation on account of loss of consortium and love and affection awarded by the learned Judge of the Tribunal is much on the lower side. Learned counsel for the respondents, on the other hand, have submitted that the award passed by the learned Judge of the Tribunal is highly excessive in the facts and circumstances of the case and deserves to be reduced and the amount of Rs. 34,000/- on account of lump-sum payment was rightly deducted by the learned Judge of the Tribunal. It is further contended by the learned counsel for the respondents that Rs. 5000/- on account of loss of consortium and love and affection was rightly awarded by the learned Judge of the Tribunal and the compensation determined and awarded by the Tribunal, in the facts and circumstances of the case, requires no enhancement. 3. I have considered the submissions made by the learned counsel for the parties. 4. Neither the insurance company nor the claimants have filed any appeal or cross objection challenging the award passed by the learned Judge of the Tribunal. From the evidence produced by the claimant, it has been established beyond reasonable manner of doubt that the accident took place on account of the rash and negligent driving of the tractor by its driver which resulted in the death of Kuldeep Singh. From the evidence produced by the claimant, it has been established beyond reasonable manner of doubt that the accident took place on account of the rash and negligent driving of the tractor by its driver which resulted in the death of Kuldeep Singh. The learned Judge of the Tribunal has considered this aspect of the case in the right perspective and rightly held the driver of the tractor responsible for the accident. 5. The next question which requires consideration is : whether the learned Judge of the Tribunal was justified, in the facts and circumstances of the case, to deduct the amount of Rs. 34,000/- on account of lump sum payment of compensation? The learned Judge of the Tribunal while deducting the amount of Rs. 34,000/- on account of lump sum payment, did not take into consideration the fact of future prospects of the deceased's advancement in life and career. It has been held by the Supreme Court in : Hardev Kanwar & Ors. v. R.S.R.T.C. & Anr., 1992 ACJ 300 that "the deduction of the amount out of the assessed compensation on account of lump sum payment is not justified." The Apex Court further observed that "with the value of the rupee dwindling due to high rate of inflation, there is no justification for making deduction due to lump sum payment. We, therefore, hold that the Courts below were not justified in making lump sum deduction in this case." 6. In view of the judgment of the Supreme Court in Hardev Kumar & Ors.'s case (supra) the learned Judge of the Tribunal was not justified in deducting the amount of Rs. 34,000/- on account of lump sum payment. The claimants are entitled for this amount in addition to the amount actually awarded by the Tribunal. 7. The next question which requires consideration is : whether the amount of Rs. 5000/- awarded as compensation on account of loss of consortium and love and affection is an adequate amount or it is on the lower side? Claimant Smt. Bimla Devi, at the time of death of her husband in the accident, was aged about 20 years only. Master Vipin Kumar the son of the deceased was, also, aged about three. years only, who lost his father. Looking to the age of the claimants and the loss suffered by them on account of the death of Kuldeep Singh, the amount of Rs. Master Vipin Kumar the son of the deceased was, also, aged about three. years only, who lost his father. Looking to the age of the claimants and the loss suffered by them on account of the death of Kuldeep Singh, the amount of Rs. 5000/- awarded by the learned Judge of the Tribunal is much on the lower side and deserves to be enhanced. In the facts and circumstances of the case, I am of the opinion that Rs. 15,000/- should be awarded to the claimants on account of loss of consortium and love and affection. The amount of Rs. 5000/- is, therefore, enhanced to Rs. 15,000/- and the claimants are entitled for the total compensation of Rs. 2,94,000/-. 8. In the result, the appeal filed by the appellants, is allowed. The award passed by the learned Judge of the Tribunal is modified and the amount of compensation is enhanced to Rs. 2,94,000/-. The claimants will be entitled for the interest @ 12% per annum on this amount of compensation.Appeal allowed. *******