Research › Search › Judgment

Punjab High Court · body

2006 DIGILAW 4455 (PNJ)

Union Of India v. Dilbagh Singh

2006-12-06

UMA NATH SINGH

body2006
Judgment Uma Nath Singh, J. 1. This F. A. O. arises out of a composite award dated 20.9.1996 passed by learned Presiding Officer, Motor accidents Claims Tribunal, Ambala in m. A. C. T. Case No.132 of 28.10.1994 and m. A. C. T. Case No.5 of 30.1.1995, awarding a sum of Rs.10,10,000 in favour of the respondent Nos.2 and 3, in case of death of their only son Sandeep Kumar, aged 21 years and Rs.5,000 in injury case of Vinay suri, the pillion rider of the scooter being driven by the deceased. 2. It appears that on the date of accident, i. e. , 16.7.1994, deceased Sandeep Kumar was going from Timber Trail in District solan (H. P.) to his house in Sector 32-D, chandigarh on his scooter No. CHM 4073 with the pillion rider Vinay Suri. It further appears that the deceased was driving the scooter at a moderate speed on his left side of the road. However, at about 6.15 p. m. near ESI Dispensary, HMT, Pinjore, the offending vehicle being a tanker bearing registration No. DEL 3076 appeared from opposite side, while being driven rashly and negligently and also in a zigzag manner at a very high speed. The offending vehicle came on its wrong side causing the accident which resulted in the death of the deceased and injury to the pillion rider. Accordingly, two claim applications were filed before the Tribunal alleging rash and negligent driving on the part of the driver of the offending vehicle. 3. It may not be out of place to mention that, admittedly, the impugned award in the injury case of Vinay Suri has attained finality in as much as a revision petition filed against the award has been dismissed by this court. 4. Heard learned counsel for the parties and perused the record. 5. Learned counsel for the appellant union of India assailed the award on various grounds like: the income of deceased has been assessed on higher side without a reasonable basis; the road was slippery as it was raining at the time of accident, which had caused slipping of the scooter; and the Tribunal has fell in serious error in applying a higher multiplier of 21 in calculating the dependency, which is contrary to the ratio of a judgment of the Hon ble supreme Court in Bijoy Kumar Dugar V/s. Bidyadhar Dutta, 2006 ACJ 1058 (SC ). Learned counsel further submitted that on the date of accident deceased being aged 21 years was unmarried and that his father was gainfully employed with a handsome salary of Rs.8,000 per month on the post of an Assistant Director in the Education department of Government of Haryana. This is also his submission that deceased had started business only since July 1993 and died within a year in the impugned accident. Thus, determination of dependency at Rs.5,000 in his case does not appear to be just and reasonable. The deduction of 1/5th amount from dependency as personal expenses is not justified on facts as well as in law. Besides, he has also challenged the interest rate at 12 per cent per annum on the ground of being on the higher side. 6. On the other hand, the learned senior counsel, mr. L. M. Suri, supported the award and tried to justify it on the ground that the deceased was a qualified electrical engineer with promising career. He was a sales tax assessee (vide Exh. P3), being a government contractor, who used to supply goods to the Defence Department. Learned senior counsel further submitted that from the beginning of his business, the deceased was filing monthly sales tax returns (being exhs. P5 to P12 ). According to the learned senior counsel, the total return filed as per the said exhibits was to the tune of Rs.3,94,229.30 with a tax amount of rs.14,693. The deceased had also hired a business premises vide Exh. P4. Thus, the earnings of the deceased had progressively increased and, hence, the assessment of dependency at Rs.5,000 appears to be just and reasonable. Learned senior counsel also justified the interest rate at 12 per cent per annum on the basis of evidence so also three judgments of different High Courts [new India Assurance Co. Ltd. V/s. Hari kishan, 2005 ACJ 1368 (MP); Oriental insurance Co. Ltd. V/s. Member, M. A. C. T. , kamrup, 2005 ACJ 1353 (Gauhati); and hemant Krishnanath Wadke V/s. Patheja forging and Auto Parts Manufacturing Co. Pvt. Ltd. , 2005 ACJ 1202 (Bombay)]. The learned senior counsel further submitted that comparatively compensation amount appears to be on lower side, although no appeal for enhancement has been filed. In support of his contention, he placed reliance on a judgment of this court in the case of Dr. Pvt. Ltd. , 2005 ACJ 1202 (Bombay)]. The learned senior counsel further submitted that comparatively compensation amount appears to be on lower side, although no appeal for enhancement has been filed. In support of his contention, he placed reliance on a judgment of this court in the case of Dr. B. D. Gupta V/s. R. Rani Manoranjitham, 2001 ACJ 2067 (Pandh), wherein this court has increased the multiplier from 10 to 18 in death case of a young man of 23 years in the accident. Learned senior counsel contended that the deceased was the only son of his parents. His father, though was employed in the Government of Haryana, was aged about 54 years and mother 50 years at the time of accident. The father was to retire shortly, therefore, the dependency of the parents would have been total on their only deceased son. 7. I have carefully considered the rival submissions and I find that the multiplier of 21 applied in the instant case appears to be on higher side. In a Division Bench judgment, which has been placed reliance upon by learned counsel for the claimants, multiplier of 18 has been applied by the high Court in death case of a young man of 23 years. Moreover, in Second Schedule under sec. 163-A of the Motor Vehicles act, 1988 (for short the Act) the multiplier prescribed for the age group above 20 years but not exceeding 25 years, is only 17. Hence, I hold that the multiplier of 17 and not of 21 as applied by the Tribunal, would be applicable in this case. Besides, deduction of 1/5th amount from the monthly dependency of Rs.5,000 for personal expenses also appears to be on lower side. Normally, in a case of death in the accident of an unmarried young man, the dependency would be up to 50 per cent but since the deceased was the only son of his parents, I deem it expedient, in the interest of justice, to deduct 1/3rd amount from the dependency amount for personal expenses. As regards assessment of dependency, the deceased was a qualified electrical engineer; he was working as a government contractor under a sales tax certificate and was filing regular monthly return till his death; and his sales tax returns disclosed that his earnings had increased progressively. In this background, determination of dependency at Rs.5,000 does not appear to be unreasonable. As regards assessment of dependency, the deceased was a qualified electrical engineer; he was working as a government contractor under a sales tax certificate and was filing regular monthly return till his death; and his sales tax returns disclosed that his earnings had increased progressively. In this background, determination of dependency at Rs.5,000 does not appear to be unreasonable. In regard to award of 12 per cent interest on the compensation amount, in terms of the judgments of different High courts, referred to hereinabove as cited by learned senior counsel for the claimants, only the prevalent interest rate has been awarded by the Tribunal. Accordingly, I find no reason to reduce the interest rate. 8. In the premises discussed hereinabove, the compensation amount would be reduced to Rs.6,80,136 with 12 per cent interest per annum from the date of filing of the application. 9. On deduction of 1/5rd amount from rs.5,000, the monthly dependency would come to Rs.3,334, which on being multiplied by 12 would come to Rs.40,008 towards annual dependency. As the multiplier of 21 has been found to be on higher side and a multiplier of 17 is to be applied, the total dependency amount would come to Rs.6,80,136. That apart, I also grant rs.5,000 towards funeral expenses and rs.10,000 for loss of love to the parents on the death of their only son. Thus, total amount is worked out to be Rs.6,95,136, which shall carry the interest at 12 per cent per annum from the date of application till the date of payment of compensation. 10. In the premises discussed hereinabove, appeal is allowed in part and the rest of the impugned award shall remain intact. Appeal partly allowed.