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2018 DIGILAW 1039 (PNJ)

Swaran Kaur v. Balbir Singh alias Biri

2018-02-26

AVNEESH JHINGAN

body2018
JUDGMENT : AVNEESH JHINGAN, J. 1. This appeal arises from the award dated 03.04.2010 passed by the Motor Accident Claims Tribunal, Ambala (for short "the Tribunal"). 2. On 02.09.2008, Dilbagh Singh, aged 30 years, was travelling in a jeep bearing registration No. PJI-2818. After crossing Police Station Naggal on Hissar-Ambala road, the jeep was hit by a rashly and negligently driven truck bearing registration No. PB-32B-2651 (for short "the offending vehicle"). As a result of the impact of the collision, jeep turned turtle, Dilbagh Singh sustained grievous injuries. Ultimately, he succumbed to the injuries. 3. Claim petition No. 77 dated 24.09.2008 under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") was filed by the legal heirs of the deceased. The Tribunal awarded a sum of Rs. 5,60,800/- along with interest at the rate of 6% per annum. The amount awarded included Rs. 10,000/- for funeral expenses. 4. None appeared on behalf of the appellants, inspite of pass-over. Shri Lalit Kumar Sharma, Advocate, who is present in the court, is appointed as amicus curiae. Complete copy of the paper-book has been supplied to him. After going through the record and the paper-book, he has assisted the court on behalf of the appellants. 5. I have heard learned counsel for the parties, perused the paper book and the record. 6. The Tribunal, while awarding compensation, considered that the accident took place because of rash and negligent driving of the offending vehicle. The monthly income of the deceased was taken as Rs. 3,600/-. 7. The present appeal has been filed for enhancement of compensation. Learned counsel for the appellants assailed the award arguing that monthly income of the deceased assessed by the Tribunal is on lower side; no future prospects have been added; the amount awarded for funeral expenses is on lower side; and no amount has been awarded for loss of estate and loss of consortium. 8. Learned counsel for respondent No. 3-Insurance Company defended the award and argued that no case is made out for enhancement of compensation. 9. It was averred in the claim petition that deceased Dilbagh Singh was working as a tubewell borer with Malkeet Singh. Though Malkeet Singh, Contractor, deposed in support of the fact that Dilbagh Singh was having monthly earning of Rs. 7,000/- yet apart from the said deposition, there was no evidence to support the monthly earning of the deceased. 9. It was averred in the claim petition that deceased Dilbagh Singh was working as a tubewell borer with Malkeet Singh. Though Malkeet Singh, Contractor, deposed in support of the fact that Dilbagh Singh was having monthly earning of Rs. 7,000/- yet apart from the said deposition, there was no evidence to support the monthly earning of the deceased. The Tribunal assessed the monthly earning of the deceased as Rs. 3,600/-. The minimum wages of a semi-skilled labourer at the time of the accident was Rs. 3,794/-. Therefore, monthly earning of the deceased for calculation of loss of dependency is taken as Rs. 3,800/-. 1/4th deduction made by the Tribunal for self expenses of the deceased is in consonance with decision of the Supreme Court in Sarla Verma and Others vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , as he was survived by four dependents. Keeping in view age of the deceased, multiplier of 17 should have been applied. Having due regard to the decision of the Supreme Court in National Insurance Company Limited vs. Pranay Sethi and Others, AIR 2017 SC 5157 , 40% future prospects are to be added and a sum of Rs. 70,000/- i.e. Rs. 15,000/- each for funeral expenses and loss of estate, and a sum of Rs. 40,000/- for loss of consortium, is to be awarded under the conventional heads. 10. In view of the above discussion and the aforesaid decisions, compensation is re-calculated as under:- Monthly Income Rs. 3,800/- Add 40% future prospects Rs. 1,520/- Total Rs. 5,320/- 1/4 deduction for self expenses Rs. 1,330/- Dependency Rs. 3,990/- Applying multiplier of 17 (3990 x 12 x 17) Rs. 8,13,960/- Funeral expenses Rs. 15,000/- Loss of estate Rs. 15,000/- Loss of consortium Rs. 40,000/- Total Rs. 8,83,960/- 11. The award dated 03.04.2010 passed in Claim Petition No. 77 of 2008 is modified to the extent that the amount of Rs. 5,60,800/- awarded by the Tribunal is enhanced to Rs. 8,83,960/-. 12. The appellants would be entitled to enhanced amount along with interest at the rate of 6% per annum from the date of filing of the claim petition till realisation of the amount. 13. The appeal is partly allowed in the aforesaid terms.