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2014 DIGILAW 433 (PNJ)

Vinay Kumar Chhabra v. Pinki Bhasin

2014-02-25

JITENDRA CHAUHAN

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JUDGMENT : Jitendra Chauhan, J. The present appeal has been preferred by the claimant-appellants, seeking enhancement of the amount of compensation awarded vide impugned award dated 14.12.2011, passed by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short, 'the Tribunal'). The learned counsel contends that the learned Tribunal erred in applying the deduction to the extent of 1/2. Nothing has been provided for future prospects. It is further submitted that no compensation has been awarded on account of loss of consortium etc. 2. There is no assistance on behalf of the respondents. 3. I have heard learned counsel for the appellants and gone through the record. 4. In the instant case, the deceased, Rashmi, was 41 years old at the time of her death in the accident. The claimant-appellants are the husband and minor son, respectively. As the husband himself was earning, he was not considered as dependant and the deduction to the extent of 1/2 was made on account of personal expenses. However, this Court feels that even in the cases where both the spouses are working, it cannot be said that the wife would spend 1/2 out of her income on personal expenses and contribute only the remaining 1/2 to the family. The house-maker saves more to improve and maintain the financial health of the family. Accordingly, it is a fit case where deduction ought to have been to the extent of 1/3rd. It is ordered accordingly. 5. The learned Tribunal has also not awarded any compensation towards the future prospects of the deceased. Therefore, an increase of 30% is ordered to the actual income of the deceased on account of future prospects in view of the law laid down by Hon'ble the Apex Court in Rajesh and others v. Rajbir Singh and others, (2014-1)173 PLR 779 (SC). 6. In this way, the compensation amount on account of loss of dependency' would come to Rs. 1,26,330/- + 30% X 2/3 X 14 = Rs. 15,32,804/-, as against the amount of Rs. 8,84,310/-, assessed by the learned Tribunal. 7. Another amount of Rs. 1,00,000/- is awarded to the claimant-husband, towards 'loss of consortium', whereas, the claimant-child of the deceased is also awarded Rs. 1,00,000/-, for 'loss of love, care and guidance'. The amount of Rs. 5,000/-, awarded on account of funeral expenses, is increased to Rs. 20,000/-. 8. 8,84,310/-, assessed by the learned Tribunal. 7. Another amount of Rs. 1,00,000/- is awarded to the claimant-husband, towards 'loss of consortium', whereas, the claimant-child of the deceased is also awarded Rs. 1,00,000/-, for 'loss of love, care and guidance'. The amount of Rs. 5,000/-, awarded on account of funeral expenses, is increased to Rs. 20,000/-. 8. In view of the above, the claimant-appellants are held entitled to the enhanced compensation of Rs. 8,63,494/- [Rs. 6,48,494/- (enhancement towards loss of dependency) + Rs. 1,00,000/- (loss of consortium, payable to the husband of the deceased) + Rs. 1,00,000/- (loss of love, are and guidance, payable to the minor son of the deceased) + Rs. 15,000/- (enhancement towards funeral expenses)], as indicated above, over and above the amount already awarded by the learned Tribunal, which shall be payable within a period of 45 days from the date of receipt of a certified copy of this judgment, failing which, they shall also be entitled to interest @ 7.5% per annum, from the date of filing the present appeal, till its realization. With the aforesaid modification in the impugned award, the present appeal is partly allowed.