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2022 DIGILAW 77 (JK)

Swaran Kour v. Chander Mani

2022-02-25

RAJNESH OSWAL

body2022
JUDGMENT : RAJNESH OSWAL, J. 1. The present appeal has been filed by the appellants/claimants against the judgment and award dated 30.06.2008 passed by the Motor Accidents Claim Tribunal, Jammu (hereinafter to be referred as the Tribunal) in file No. 54/claims, titled, Swaran Kour and Others vs. Chander Mani and Others, by virtue of which a sum of Rs. 7,73,800/- has been awarded in favour of the appellants/claimants along with interest @ 7.5% from the date of filing of the claim petition. 2. Enhancement of the compensation has been sought by the appellants on the following grounds: (a) That the multiplier was wrongly applied by the learned Tribunal. (b) That the future prospects of the deceased have not been taken into consideration by the learned Tribunal. (c) That the deceased had a large family to support, as such, the income was required to the deducted at the rate of 1/4th, but the learned Tribunal has wrongly deducted the same at the rate of 1/3rd as personal expenses. 3. Mr. Vipan Gandotra, learned counsel for the appellants/claimants vehemently argued that the appellants are entitled to the compensation in terms of the law laid down by the Apex Court in Sarla Verma and Others vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 , National Insurance Company vs. Pranay Sethi and Others, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. vs. Nanu Ram, (2018) 18 SCC 130 . 4. On the other hand, Mr. D.S. Chauhan, learned counsel for the respondent No. 3-Insurance Company submitted that the compensation has been correctly assessed, as such, there is no illegality in the award. 5. Heard and perused the record. 6. The facts necessary for disposal of the instant appeal are that a claim petition was filed by the appellants/claimants for grant of compensation on account of death of Amarjit Singh, who died in road traffic accident on 28.02.2004. The deceased was working as a Deputy Forester in the Jammu and Kashmir Forest Department. The response was also filed by the respondent No. 3-Insurance Company before learned Tribunal and on the basis of the pleadings, issues were framed. The appellants/ claimants examined witnesses in support of their claim. As per the statement of PW-Khurshid, who was examined by the appellants in order to prove the income of the deceased, the salary of the deceased was Rs. The appellants/ claimants examined witnesses in support of their claim. As per the statement of PW-Khurshid, who was examined by the appellants in order to prove the income of the deceased, the salary of the deceased was Rs. 7808/- per month at the time of his death. 7. It requires to be noted here that no evidence was led by the Insurance Company/respondent No. 3, as such, the learned Tribunal considered the income of the deceased as Rs. 7808/- per month and after deducting 1/3rd on account of personal expenses, assessed the loss of dependency as Rs. 7,48,800/-. From the perusal of the award, it is revealed that the a sum of Rs. 15,000/- has been granted on account of funeral expenses and Rs. 10,000/- on account of loss of consortium in favour of the appellant No. 1 herein. 8. As per the law laid by the Apex Court in National Insurance Company versus Pranay Sethi (supra), as the deceased was permanent employee with the Government of Jammu and Kashmir and was 43 years of age at the time of his death, the monthly income was required to be enhanced at the rate of 30%, as such, the monthly income would be Rs. 10150/- (7808 x 30/100 + 7808). Since the deceased was having more than three dependents at the time of his death, 1/4th deduction as personal expenses from this income was required to be made. As such, the total monthly income of the deceased comes to Rs. 7612.50/- (10150-1/4 - 10150). Further, as the deceased was 43 years of age, so as per Sarla Verma and Others vs. Delhi Transport Corporation's case, the multiplier of 14 is required to be applied. Therefore, the total loss of dependency would be Rs. 12,78,900/- (7612.50 x 14 x 12). Further, the appellants/claimants Nos. 1, 2, 3 and 4 are also entitled to compensation on account of loss of consortium at the rate of Rs. 40,000/- each in terms of judgment of the Apex Court in Magma General Insurance Co. ltd (supra). Further, the claimants are also entitled to Rs. 15000/- for lost of estate. 9. In view of the above, the award amount is required to be modified and the appellants/claimants are found entitled to the following compensation: Loss of dependency Rs. 12,78,900/- Loss of consortium Rs. 1,60,000/- Funeral expenses Rs. 15,000/- Loss of estate Rs. 15,000/- Total Rs. ltd (supra). Further, the claimants are also entitled to Rs. 15000/- for lost of estate. 9. In view of the above, the award amount is required to be modified and the appellants/claimants are found entitled to the following compensation: Loss of dependency Rs. 12,78,900/- Loss of consortium Rs. 1,60,000/- Funeral expenses Rs. 15,000/- Loss of estate Rs. 15,000/- Total Rs. 14, 68,900/- 10. The respondents-Insurance Company shall deposit the remaining amount with the Registry within a period one month and on deposit, the same shall be released in favour of the claimants-appellants along with up-to-date interest @ 7.5%. strictly in accordance with the impugned award after due verification. 11. The record of the Tribunal be sent back.