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2012 DIGILAW 727 (PNJ)

Mohinder Kaur v. Surinder Singh

2012-05-17

JITENDRA CHAUHAN

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JUDGMENT JITENDRA CHAUHAN, J. (ORAL) Despite sufficient opportunity, no reply to the application for condonation of delay has been filed. For the reasons mentioned therein, the CM application is allowed and the delay of 243 days in filing the appeal is condoned. Main case The claimant-appellants have preferred this appeal seeking enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, S.B.S. Nagar, (for short, 'the Tribunal') vide the impugned Award dated 30.7.2010. The brief facts of the case in hand are that on 8.4.2007 at about 3.30 pm, in the area of Village Malpur Arkan, the motorcycle bearing registration No.PB-07-M-5043 being driven by Naveen Kumar, since deceased, was hit by an Indica car bearing registration No.PB-10-BA-1108, being driven by the driver respondent No.1, rashly and negligently. As a result of the accident, Naveen Kumar fell down and received multiple injuries and was removed to the Oxford Hospital where he succumbed to his injuries on 13.4.2007. In this background, the claimants-appellants preferred claim petition before the learned Tribunal seeking compensation. From the pleadings of the parties, the following issues were framed:- 1. Whether on 8.4.2007, at about 3.30 PM, in the area of village Malpur Arkan, respondent No.1, while driving the offending car No.PB-10-BA-1108, caused the accident resulting in injuries to claimant? OPA. 2. If issue no.1 is proved, whether the claimants are entitled to compensation. If so, to what amount and from which of the respondents? OPA 3. Whether respondent No.1 was not holding an effective and valid licence? OPR 4. Whether the petition is collusive between the claimants and respondent No.1? OPR 5. Relief. Upon appreciation of evidence on record and recording issue-wise findings, the learned Tribunal awarded compensation to the tune of `1,91,696/-to the claimants. Enhancement thereof has been sought by way of the present appeal. The learned counsel for the appellant contends that the accident took place on 8.4.2007. The injured was removed to the Oxford Hospital, Jalandhar, where he succumbed to his injuries on 13.04.2007. The learned counsel refers to the receipts Ex.P5 to P30 amounting to `22,946/-which were issued on prescription by the doctor in the name of the deceased, Naveen Kumar during his admission there. However, the learned counsel has only considered the bills ex.P5, P9, P10 and P13. The learned counsel refers to the receipts Ex.P5 to P30 amounting to `22,946/-which were issued on prescription by the doctor in the name of the deceased, Naveen Kumar during his admission there. However, the learned counsel has only considered the bills ex.P5, P9, P10 and P13. The learned Tribunal has not given any reasoning while not allowing reimbursement of the bills which were issued during the admission period in the name of the deceased on prescription by the treating doctor. Therefore, this Court feels that the total amount of bills Ex.P5 to P30 i.e. `22,946/-deserves to be reimbursed to the claimants. Ordered accordingly. As far as the application of multiplier by the learned Tribunal is concerned, the age of the claimant-mother is reflected as 40 years whereas the age of the claimant-father has been recorded as 53 years. The multiplier has been applied on the basis of the age of the claimant-father only. This Court feels that keeping in view the longevity period, the multiplier deserves to be applied on the average age of the appellants. Accordingly, the multiplier of 10 applied by the learned Tribunal is enhanced to 13. Another amount of `20,000/-is awarded to the claimants-appellants under the 'conventional heads'. Accordingly, the amount of compensation to which the claimants are entitled is as follows:- Dependency : `2,34,000/- (`1,500/- X 12 X 13) Medical exp. : `22,946/- Funeral Exp. : `2,000/- Transportation Exp.: `2,500/- Conventional heads: `20,000/- Total : `2,81,446/- In view of the above, the claimant-appellants are held entitled to the enhanced amount of `89,750/-over and above the amount awarded by the learned Tribunal to be paid to the claimants in the same terms as prescribed in the impugned Award, within 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to the interest @ 7.5% p.a. from the date of filing the present appeal, till its realization. With the above modification in the impugned award, the present appeal is partly allowed.