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2016 DIGILAW 515 (JK)

Pepsu Raod Transport Co. Ludhiana & Ors. v. Shivani Sambyal & Ors.

2016-10-06

RAMALINGAM SUDHAKAR

body2016
JUDGMENT 1. Both the appeals are of the year 2009. 2. The Transport Corporation as well as the claimants are before this court; one seeking reduction in quantum of compensation and other for enhancement of compensation. 3. The accident in this case happened on 20.09.2007. One Rajneesh Sambyal – 34 years old employee in M/s. Feedback Ventures Co. was boarding the bus. Without proper signal from the conductor, it appears that the driver moved the bus in rash and negligent manner. The deceased fell down from the bus and the wheels of the bus ran over him and in that accident, he died. On his death, wife aged 29 years, minor daughter aged 2 months, mother aged 54 years and father aged 62 years are the claimants. They claim Rs. 81.00 lac as compensation. 4. The Tribunal after considering the case on hand fixed the income of the deceased at Rs. 10,398/- per month. The Tribunal by adopting multiplier of ‘15’ and after deducting 1/4th towards personal expenses of the deceased, granted the following amount as compensation: 1.Loss of dependencyRs. 14,04,000/- 2.Loss of consortiumRs. 20,000/- 3.Funeral expensesRs. 20,000/- 4.Last rites expensesRs. 20,000/- TotalRs. 14,64,000/- with 7.5% interest per annum 5. In appeal, the appellant Transport Corporation pleads that there is an element of contributory negligence on the part of the deceased which has been addressed by the Tribunal holding that the evidence of the witnesses clearly show that the driver of the vehicle was rash and negligent. There is no other material to attribute negligence on the part of the deceased. In that view of the matter, the plea of the Transport Company stands rejected. 6. The next issue raised by the appellant Transport Corporation is that the quantum of compensation is higher. On quantum, main plea appears to be that Rs. 20,000/- has been granted as funeral expenses and again another amount of Rs. 20,000/- has been granted on account of last rites. That amount is not justified and rightly so. 7. In the appeal filed by the claimants, they seek enhancement of compensation stating that the deceased was 34 years old and was an Engineer in a Multinational Private Construction Company and in terms of judgment of the Hon’ble Supreme Court in case titled Sarla Verma and ors. v. Delhi Transport Corporation and anr. reported as (2009) 6 SCC 121 , his future prospects should have been considered. v. Delhi Transport Corporation and anr. reported as (2009) 6 SCC 121 , his future prospects should have been considered. 8. Considering the age of the deceased, 50% future prospects has to be taken. The income of the deceased as Rs. 10,398/- is admitted. The future prospects will be as follows: Rs. 10398 + 5199 = Rs. 15,597/- per month and after deducting 1/4th towards personal expenses of the deceased, the net income comes to Rs. 11,698/- per month (Rs. 15,597-Rs. 3,899 = Rs. 11,698/-). Adopting the multiplier of ‘15’, the total pecuniary loss comes to Rs. 11,698 x 12 x 15 = Rs. 21,05,640/-. The pecuniary loss should have been determined by the Tribunal as above which it failed to do so. Further Meager amount has been granted for loss of consortium to widow. Hence, for loss of consortium, the young widow will be entitled to sum of Rs. 50,000/-. For Funeral expenses, Rs. 20,000/- has been granted by the Tribunal and the same is confirmed. The sum of Rs. 20,000/- which has been granted by the Tribunal for last rites expenses cannot be granted and is deleted. 9. However, no amount has been granted for loss of love and affection to the 2 months old minor child and the parents of the deceased which they are entitled. The minor children will be entitled to Rs. 75,000/- for loss of love and affection. The father of the deceased as stated by counsel for the claimants has died. However, the mother of the deceased will be entitled to Rs. 30,000/- for loss of love and affection on the death of her son. 10. The award of the Tribunal is thus modified and the claimants are entitled to the following enhanced compensation, with interest at the rate of 7.5% per annum from the date of filing of claim petition before the Tribunal-- S. No.HeadingAward of the TribunalModified Award .For loss of DependencyRs. 14,04,000/-Rs. 21,05,640/- 2.For loss of consortium to widowRs. 20,000/-Rs. 50,000/- 3.For funeral expensesRs. 20,000/-Rs. 20,000/- 4.For last rites expensesRs. 20,000/--deleted- 5.For loss of love and affection to the minor childrenNilRs. 75,000/- 6.For loss of love and affection to the motherNilRs. 30,000/- TotalRs. 14,64,000/-Rs. 22,80,640/- 11. Mr. C.M. Sharma, learned counsel for the Transport Corporation seeks and is granted six weeks’ time to deposit the enhanced award from the date of supply of copy of this order. 12. 20,000/--deleted- 5.For loss of love and affection to the minor childrenNilRs. 75,000/- 6.For loss of love and affection to the motherNilRs. 30,000/- TotalRs. 14,64,000/-Rs. 22,80,640/- 11. Mr. C.M. Sharma, learned counsel for the Transport Corporation seeks and is granted six weeks’ time to deposit the enhanced award from the date of supply of copy of this order. 12. The appeal filed by the Transport Corporation is dismissed. The appeal filed by the claimants is allowed in the above terms enhancing the award of the Tribunal.