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2014 DIGILAW 755 (PNJ)

Inderjit Kaur v. Balbir Singh

2014-04-28

K.KANNAN

body2014
JUDGMENT Mr. K. Kannan, J. (Oral):- This order shall dispose of the above titled appeals as the same arise out the same accident. 2. In a collision between Jeep and truck two persons travelling in the jeep died; two persons were injured. The Tribunal found the involvement of the truck as established but assessed the compensation only on no fault basis because the driver had not been challaned for rash and negligent driving but proceeded with only for non-possession driving licence. I find the approach of the Tribunal to be perverse. The decision of the Tribunal need not tow the police perspective of the accident. The Tribunal was bound to examine the issue of negligence on the basis of evidence. Here two persons who were injured had given cogent evidence about the rash driving of the 2nd respondent driver. The Tribunal expressed a doubt about the identity of 1st respondent as the driver of the truck but, in my view, it ought not to matter at all, for, whoever the driver he was, dashed against the jeep and let the latter capsize, it was enough for the claimant to succeed. 3. In FAO 656 of 1996, the claim is sought with regard to the death of a minor daughter and the claimants were parents. I have no details regarding the age of the deceased or or evidence regarding the likely expectation of the parents. I assess a compensation of Rs. 2,75 lacs as the compensation payable to parents with interest @ 7.5% per annum from the date of the petition till the date of payment. The liability shall be on the insurance company. The appeal is allowed to the above extent. 4. FAO No. 657 of 1996 is the claim for death of a woman. Her age is not known. The claimants are husband and two minor children. Considering that the children are still minors, I venture a guess that the deceased is about 40 years. I take the value of service contributed to the family at Rs. 2500/- and determine the compensation by applying a multiplier of 14 and take the loss of dependence at Rs.4,20,000/-. I add Rs.1 lac for loss of consortium to the husband and Rs.1 lac for loss of love and affection to the children and add another Rs.10,000/- for loss to estate and funeral expenses. 2500/- and determine the compensation by applying a multiplier of 14 and take the loss of dependence at Rs.4,20,000/-. I add Rs.1 lac for loss of consortium to the husband and Rs.1 lac for loss of love and affection to the children and add another Rs.10,000/- for loss to estate and funeral expenses. Various heads of claim are tabulated as under:- ----------------------------------------------------------------------------------------------------------------------------------------- Fatal Accident Date of accident ----------------------------------------------------------------------------------------------------------------------------------------- Age 40 Occupation Claimants: Widow, three children ----------------------------------------------------------------------------------------------------------------------------------------- Heads of claim Tribunal High Court ----------------------------------------------------------------------------------------------------------------------------------------- Sr. No. Amount (Rs.) Amount (Rs.) ----------------------------------------------------------------------------------------------------------------------------------------- 1 Income 2 Add, % of increase 3 Deduction 4 Multiplicand 2500x12 5 Multiplier 14 6 Loss of dependence 4,20,000 7 Medical expenses 8 Loss of Consortium 1,00,000 9. Loss of love and affection for children 1,00,000 10 Loss to estate 2500 11 Funeral Expenses 5000 ----------------------------------------------------------------------------------------------------------------------------------------- Total 6,27,500 ----------------------------------------------------------------------------------------------------------------------------------------- 5. The compensation payable shall be Rs.6,27,500/- with interest @ 7.5% per annum from the date of the petition till the date of payment. The entitlement shall be divided equally amongst the claimants and the liability shall be on the insurance company. The appeal is allowed. 6. In FAO No. 658 of 1996, the claimant was Avtar Singh, father of Inderjit Kaur. He was said to be 106 years old at that time. It is not known if he is alive. If he is alive, he shall be entitled to Rs.5000/- towards single injury caused to him for pain and suffering. If he has died, there shall be an abatement of the claim as per Section 306 of the Indian Succession Act. The appeal is disposed of as above. 7. In FAO No. 659 of 1996, the claimant had injuries that were: fracture of right femur; fracture of ulna and fracture of tibia. The disability assessed at 55% was contributed to 50% disability due to ankyloses of the knee and 5% due to limitation of elbow movement. There was evidence that surgeries had been performed. No details are placed before this court about the age, the period of hospitalization, the avocation etc. I will make guess work regarding expenses and tabulate the various heads as under:- ----------------------------------------------------------------------------------------------------------------------------------------- Injured Case Inderjit Date of accident 24.5.2001 Age ----------------------------------------------------------------------------------------------------------------------------------------- Period of hospitalization Occupation & Income ----------------------------------------------------------------------------------------------------------------------------------------- Heads of claim Tribunal High Court Sr. No details are placed before this court about the age, the period of hospitalization, the avocation etc. I will make guess work regarding expenses and tabulate the various heads as under:- ----------------------------------------------------------------------------------------------------------------------------------------- Injured Case Inderjit Date of accident 24.5.2001 Age ----------------------------------------------------------------------------------------------------------------------------------------- Period of hospitalization Occupation & Income ----------------------------------------------------------------------------------------------------------------------------------------- Heads of claim Tribunal High Court Sr. No. Amount (Rs.) Amount (Rs.) ----------------------------------------------------------------------------------------------------------------------------------------- 1 Loss of Income from to 2 Medical Expenses (i) Medicines 10,000 (ii) Hospital charges (iii) Attendant charges 5000 (iv) Special Diet 2500 (v) Transportation 2500 3 Pain and suffering 35,000 4 Disability (knee 50+5% elbow) =55% 55% 55% 5 Loss of earning capacity (i) Income (ii) Multiplier (iii) % of loss of earning capacity 6 Loss of amenities 50,000 7 Reduction of life expectancy 8 Loss of prospect of marriage ----------------------------------------------------------------------------------------------------------------------------------------- Total 25,000 1,05,000 ----------------------------------------------------------------------------------------------------------------------------------------- 8. The appeal is allowed admitting to a claim of Rs.1,05,000/- and the amount in excess over what has been awarded will carry interest @ 7.5% from the date of the petition till the date of payment. The liability shall be on the insurer of the truck Oriental Insurance Co. ---------0.B.S.0------------