Research › Search › Judgment

Punjab High Court · body

2013 DIGILAW 226 (PNJ)

Prabhu Dayal v. Sumer Singh

2013-02-20

T.P.S.MANN

body2013
JUDGMENT T.P.S. Mann, J.(Oral) - The claimants have filed the present appeal for challenging the order passed by the Motor Accidents Claims Tribunal, Narnaul to the extent of granting inadequate compensation to them on account of death of their son Krishan Kumar in a motor vehicular accident. 2. Vide impugned award, the Tribunal assessed the annual income of the deceased as Rs. 36,000/- and as he was unmarried, 50% was deducted towards personal expenses so as to calculate the annual dependency as Rs. 18,000/-. Multiplier of 14 was, thereafter, applied as appellant Smt. Panchi Devi, mother of the deceased, was taken to be between 41 and 45 years of age so as to grant an amount of Rs. 2,52,000/- as compensation. To that amount, Rs. 8,000/- was also added towards funeral and transportation charges so as to finally grant the amount of Rs.2,60,000/- to the appellants by way of compensation to be paid to Smt. Panchi Devi appellant by respondent No.3-Insurance Company. 3. Though admittedly, there was no proof brought on the record by the appellants about the age of Smt. Panchi Deviappellant yet Prabhu Dayal-appellant while appearing before the Tribunal, stated that his wife was 40 years of age. If that be so, the age of mother of the deceased is to be taken between 36 and 40 years and not 41 and 45 as was held by the Tribunal. Once, age of the mother of the deceased is taken between 36 and 40 years, multiplier of 15 deserves to be applied, as per the judgment 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, so as to grant an amount of Rs.2,70,000/- as compensation on account of death of Krishan Kumar in a motor vehicular accident. 4. The amount of Rs. 8,000/- awarded towards transportation and funeral charges is also on the lower side. To my mind, the appellants deserve to be granted an amount of Rs.15,000/- under the said head. Adding the said amount to the compensation amount of Rs. 2,70,000/-, as assessed above, the appellants are entitled to receive an amount of Rs. 2,85,000/- as compensation. 5. Resultantly, the appeal is allowed by enhancing the compensation amount from Rs. 2,60,000/- to Rs. 2,85,000/-. Adding the said amount to the compensation amount of Rs. 2,70,000/-, as assessed above, the appellants are entitled to receive an amount of Rs. 2,85,000/- as compensation. 5. Resultantly, the appeal is allowed by enhancing the compensation amount from Rs. 2,60,000/- to Rs. 2,85,000/-. The enhanced amount of compensation shall fetch interest @ 6% per annum from the date of filing of the claim-petition till its realization. Respondent No.3-Insurance Company shall be liable to pay the enhanced amount of compensation as well. The entire amount of compensation alongwith the interest accrued thereon shall also be disbursed to Smt. Panchi Devi-appellant.