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2012 DIGILAW 1546 (PNJ)

Paramjit Kaur v. Davinder Singh

2012-10-31

T.P.S.MANN

body2012
JUDGMENT Mr. T.P.S. Mann, J.: (Oral) - The claimants have filed the present appeal against the order dated 6.1.2010 passed by the Motor Accidents Claims Tribunal, Patiala to the extent of granting inadequate compensation on account of death of their bread winner Wasakhi Ram in a motor vehicular accident. 2. The Tribunal had assessed the monthly income of the deceased as Rs. 4,000/- or yearly income as Rs. 48,000/-. Despite the fact that the deceased had left behind family which consists of four dependents, i.e. Paramjit Kaur, widow, Simran Kaur, minor daughter, Lakhwir Singh, minor son, and Harbans Kaur, mother, only a deduction of 1/4th could have been made for the amount which the deceased might be spending upon himself. The approach of the Tribunal in deducting 1/3rd out of the annual income cannot be accepted in terms of the decision of the Hon’ble Supreme Court in the case of Smt.Sarla Verma and others Vs. Delhi Transport Corporation and another, [2009(3) Law Herald (SC) 2107 : 2010(1) Law Herald (Acc.) (SC) 65] : 2009(3) RCR (Civil) 77. Therefore, the annual dependency has to be taken as Rs. 36,000/-. 3. The age of the deceased, according to the evidence led by the claimants, was 25 years. However, in view of the fact that in the post mortem report, his age was described as 28 years, the Tribunal accepted the said age and, thereafter, went on to apply the multiplier of 13. However, as per the decision of the Hon’ble Supreme Court in the case of Sarla Verma and others (supra), multiplier of 17 has to be applied in case of the deceased being in the age group of 26-30 years and not 13 as done by the Tribunal. The total dependency would, thus, be Rs. 6,12,000/-. 4. Under the conventional heads, the Tribunal had awarded an amount of Rs. 8,000/- towards expenses incurred on the funeral and last rites. However, nothing was paid to the appellants for loss of estate and to Paramjit Kaur for loss of consortium. This Court is of the view that under the conventional heads, a consolidated amount of Rs. 20,000/- can be awarded to the claimants. 5. Resultantly, the total compensation amount to which the appellants are entitled to is calculated as Rs. 6,32,000/-. 6. In view of the above, the appeal is allowed to the extent of enhancing the compensation amount from Rs.4,29,200/- to Rs. 20,000/- can be awarded to the claimants. 5. Resultantly, the total compensation amount to which the appellants are entitled to is calculated as Rs. 6,32,000/-. 6. In view of the above, the appeal is allowed to the extent of enhancing the compensation amount from Rs.4,29,200/- to Rs. 6,32,000/-. The appellants shall be entitled to claim interest on the enhanced amount of compensation @ 7.5% per annum from the date of filing of the claim petition till its realization. The entire enhanced amount of compensation shall be paid to Paramjit Kaur, widow of Wasakhi Ram. All the respondents including respondent No.3-Insurance Company shall remain jointly and severally liable to pay the enhanced amount of compensation as well. 7. The appeal is, accordingly, disposed of.