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2021 DIGILAW 637 (HP)

Kaura Devi, W/o. Sant Ram v. Joginder Singh, S/o. Shri Baldev Singh

2021-09-02

VIVEK SINGH THAKUR

body2021
JUDGMENT : This appeal has been preferred for enhancement of compensation awarded by the Motor Accident Claims Tribunal (III) (in short the ‘MACT’) Mandi, District Mandi, H.P., vide Award dated 02.12.2016 passed in Claim Petition No.23 of 2012, titled as Kaura Devi & another vs. Joginder Singh & others. The claim petition was preferred by the appellants on account of death of Sanjay Kumar, who was son of the appellants, in a motor accident, which had taken place on 08.06.2011 at Bated Pul, Tehsil Baddi, District Solan, H.P. 2. Learned counsel for the appellants has submitted that on behalf of the appellants, enhancement has been sought, on the ground that wrong multiplier of 11 has been taken for calculation of quantum of compensation instead of 18 as the undisputed age of the deceased at the time of death was 25 years. It is stated that mistake has occurred for the reason that the MACT has applied multiplier by taking age of the claimant, whereas multiplier on the basis of age of deceased was to be applied. He has further stated that additional sum awarded for funeral expenses and loss of estate is also liable to be increased and parental consortium is also to be awarded in terms of judgments of the Supreme Court passed in Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121 ; Munna Lal Jain and another vs. Vipin Kumar Sharma and others, (2015) 6 SCC 347 ; National Insurance Co. Ltd. vs. Pranay Sethi, (2017) 16 SCC 680 ; Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and others, (2018) 18 SCC 130 ; and Royal Sundaram Alliance Insurance Company Limited vs. Mandala Yodagari Goud and others, (2019) 5 SCC 554 . 3. In view of pronouncements of the Supreme Court referred supra, claim set up by the appellants in the appeal is not disputed. Therefore, the appellants are entitled for compensation as under:- 1. Rs.6223/-x12x18 Rs.13,44,168/- 2. Funeral expenses Rs.15,000/- 3. Parental consortium Rs.40,000/- 4. Loss of estate Rs.15,000/- Total Rs.14,14,168/- 4. The apportionment of the compensation as determined by the MACT shall remain the same and appellant No.1 Kaura Devi and appellant No.2 Sant Ram shall be entitled for compensation in the ratio of 80:20. 5. Rs.6223/-x12x18 Rs.13,44,168/- 2. Funeral expenses Rs.15,000/- 3. Parental consortium Rs.40,000/- 4. Loss of estate Rs.15,000/- Total Rs.14,14,168/- 4. The apportionment of the compensation as determined by the MACT shall remain the same and appellant No.1 Kaura Devi and appellant No.2 Sant Ram shall be entitled for compensation in the ratio of 80:20. 5. In view of aforesaid findings, appellants are held entitled for compensation of Rs.14,14,168/- alongwith interest @ 7.5% per annum from the date of filing of the claim petition till full and final realization from/payment by the respondents in terms of Award passed by the MACT alongwith costs of Rs.5000/- already awarded by the MACT. 6. The enhanced amount of compensation shall be paid/deposited by respondent No.3-Oriental Insurance Company Limited within 45 days from today with information to the appellants failing which respondent No.3 shall be liable to pay interest @ 9% per annum on the enhanced amount instead of 7.5% per annum. 7. Appeal is allowed and impugned Award is modified in aforesaid terms. Pending application(s), if any, also stand disposed of.