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2004 DIGILAW 899 (PNJ)

Shobha Rani v. Punjab State Electricity Board

2004-08-17

K.S.GAREWAL, V.K.BALI

body2004
Judgment K.S.Garewal, J. 1. Shobha Rani and three others have filed this appeal under clause X of the Letters Patent seeking enhancement of compensation awarded to them on account of the death of Shobha Ranis husband Bhim Sen who died in a motor vehicle accident on July 31, 1989. The learned Motor Accident Claims Tribunal had assessed Rs. 3.84 lacs as compensation but reduced this amount by half on account of the contributory negligence of the deceased. The learned Single Judge reversed the findings of contributory negligence but did not enhance the compensation which remained fixed at Rs. 3.84 lacs as assessed by the Tribunal. 2. In this appeal, learned counsel for the appellant has argued that Bhim Sen was employed as Superintendent in the Punjab and Haryana High Court on a monthly salary of Rs. 3,577/-,The Tribunal had assessed the monthly dependency of the appellants at Rs. 2000/- and applied multiplier of "16" and thereby assessed the total dependency at Rs. 3.84 lacs. This had not been varied by the learned Single Judge. According to the learned counsel if the unit system as relied upon by Hon ble Supreme Court in U.P. State Road Transport Corporation and Ors. v. Trilok Chandra, (1996-2)113 P.L.R. 537 (S.C.) is applied to the present case, the compensation payable to the appellants would be higher than what has been assessed by the Tribunal. 3. The submission of the learned counsel is quite a valid one because in cases where the deceased was a married man with a wife and children to support, it was very unlikely that he would be spending Rs. 1,577/- out of his salary of Rs. 3,577/- on himself making his family dependent upon him only to the extent of Rs. 2,000/-. It is felt by us that demands of growing children have been somewhat under estimated. Therefore, in assessing compensation the unit system works quite satisfactory. In a family of two adults and tree minors, two units each are awarded to the adults and one each to the minor. Thereafter, the dependency is worked out in proportion to the units awarded to the dependents. In the present case the family of the deceased had five units out of seven, two units belonged to the deceased himself. Therefore, the dependency of the deceased work out to 5/7th of Rs. 3,577/- per month. This comes to Rs. 2,455/- per month. Thereafter, the dependency is worked out in proportion to the units awarded to the dependents. In the present case the family of the deceased had five units out of seven, two units belonged to the deceased himself. Therefore, the dependency of the deceased work out to 5/7th of Rs. 3,577/- per month. This comes to Rs. 2,455/- per month. The annual dependency comes to Rs. 30,660/-. The annual dependency multiplied by 16 gives us the figure of Rs. 4,90,566/- (rounded off to Rs. 4.90 lacs). By applying the unit method the total dependency of the appellants works out to Rs. 4.90 lacs. 4. In view of the above, this appeal is accepted and the compensation payable to the heirs of the deceased is hereby enhanced from Rs. 3.84 lacs to Rs. 4.90 lacs. The appellants shall be entitled to claim this amount as compensation together with interest at 12% irom the date of the application. The enhanced amount shall be apportioned between the appellants in the same proportion as has been assessed under the unit system i.e. 2/5th share shall be paid to Shobha Rani, 1/5th each to the other three claimants. The liability of the respondents shall be joint and several.