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2019 DIGILAW 490 (PNJ)

Balbir Kaur v. Kuldeep Singh

2019-02-11

REKHA MITTAL

body2019
JUDGMENT Mrs. Rekha Mittal, J. (Oral):- Mr. Amit Kundra, Advocate, has caused appearance on behalf of respondent No.3. 2. The claimant is in appeal seeking enhancement of compensation awarded by Motor Accidents Claims Tribunal, S.A.S. Nagar (Mohali) (in short ‘the Tribunal’) on account of death of Prem Singh in a motor vehicular accident that took place on 17.04.2007. 3. The Tribunal has awarded compensation of Rs.1,45,000/- detailed hereunder:- Monthly income of the deceased Rs.5000/- Deduction for personal expenses 50% Multiplier 4 Loss of consortium Rs.10,000/- Expenses on funeral Rs.10.000/- Expenses on transportation of dead body Rs.5000/- 4. The Tribunal, in para 11 of the award, has noticed that plea of the claimant is that Prem Singh (deceased) was working as a Civil Engineer (works) with M/s Avtar Singh Construction Co. Pvt. Ltd. Chandigarh and he was earning Rs.17,000/- per month. Salary certificate dated 04.05.2007 was marked as Ex.P3. However, the claimant did not examine a representative of aforesaid construction company to prove employment and salary of deceased and accordingly the Tribunal refused to rely upon the salary certificate Ex.P3. I do not find an error much less illegality in findings of the Tribunal rejecting salary certificate Ex.P3 for the purpose of computing loss of dependency. The Tribunal has assessed income of the deceased at Rs.5000/- per month of a person aged 72 years which was more than the minimum wage available at the relevant time. In the given circumstances, there is no justification for increase in income of the deceased assessed by the Tribunal. However, admissible deduction for personal expenses would be 1/3rd. In this context reference can be made to judgment of this Court Pawan Kumar and others Vs. Ramesh Kumar and others, [2016(1) Law Herald (P&H) 758 : 2016 LawHerald.Org 667]. 5. Similarly, appropriate multiplier for assessing loss of dependency is 5. In this manner, loss of dependency comes to Rs.2,00,000/- [Rs.3,00,000/- (Rs.5000 x 12 x 5) – Rs.1,00,000/- (1/3rd deduction towards personal expenses)]. 6. Under conventional heads, appellants shall be entitle to Rs.70,000/- in the light of judgments of Hon’ble the Supreme Court National Insurance Company Ltd. Vs. Pranay Sethi and others, 2017 SCC 1270 and Sebastiani Lakra and others Vs. National Insurance Co. Ltd. and another, [2017(4) Law Herald (P&H) 2970 (SC) : 2017 LawHerald.Org 1565] : AIR 2018 SC 5034 , detailed hereunder:- Loss of consortium Rs.40,000/ Funeral expenses Rs.15,000/ Loss of estate Rs.15,000/ 7. Pranay Sethi and others, 2017 SCC 1270 and Sebastiani Lakra and others Vs. National Insurance Co. Ltd. and another, [2017(4) Law Herald (P&H) 2970 (SC) : 2017 LawHerald.Org 1565] : AIR 2018 SC 5034 , detailed hereunder:- Loss of consortium Rs.40,000/ Funeral expenses Rs.15,000/ Loss of estate Rs.15,000/ 7. In view of the above, total compensation comes to Rs.2,70,000/- and the additional amount is Rs.1,25,000/- (Rs.2,70,000/- - Rs.1,45,000/-) payable with interest at the rate of 7.5% per annum from the date of petition till realization. All other terms and conditions of the award shall remain intact. 8. The appeal is partly allowed in the aforesaid terms.