This order condones a delay of 18 days in filing a compensation appeal. The court allows an enhancement in the compensation awarded for the death of a government employee, applying the Sarla Verma parameters.
Enhanced compensation of Rs. 5,61,654 granted to be paid within 45 days with interest at 7.5% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
FAO No.2241 of 2010 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.2241 of 2010 (O&M) Date of decision: 23.4.2012
Smt.Prem Devi and others
...Appellants
Versus
Santokh Singh and others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.RK Bamal, Advocate for the appellants
None for respondent Nos. 1 and 2.
Ms.Shweta Duggal, Advocate for respondent no.3.
Jitendra Chauhan, J. (Oral)
Application for condonation of delay
Despite sufficient opportunity, no reply has been filed by the respondents.
Keeping in view the averments made in the application, the same is allowed. The delay of 18 days in filing the instant appeal is hereby condoned.
Main Appeal
The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Chandigarh, (for short 'the Tribunal') vide
FAO No.2241 of 2010 (O&M) 2
award dated 1.6.2009, on account of death of Dalip Singh Nehra, in a road accident on 3.1.2007.
The only argument raised by the learned counsel appearing for the appellants is that the learned Tribunal erred in law while determining the compensation as the deceased was a Government employee and his income was Rs.12737/- per month. The learned Tribunal did not consider the promotion prospectus of the deceased.
On the other hand, the learned counsel appearing for respondent No.3 has stated that just and adequate compensation has been awarded. She prays for dismissal of the appeal.
I have heard the learned counsel for the parties and perused the record carefully.
Before proceeding further, this Court has noticed that in the impugned Award, the learned Tribunal assessed the loss of dependency of Rs.5,15,232/-, Rs.5000/- towards funeral expenses and Rs.10,000/- loss of consortium (total sum of Rs.5,30,232/-). However, in para No.15 as well as para No.18 (relief), it has wrongly been mentioned as Rs.8,30,232/-. The same stands corrected and be read as Rs.5,30,232/-.
Admittedly, death of Dalip Singh occurred in a road accident on 3.1.2007. He was employed as a Assistant in the office of Engineer-inChief, Irrigation Department, Haryana, Panchkula. As per salary certificate Ex.P9, the gross salary of the deceased was Rs.12,737/- per month. He was Government employee. His age was 51 years at the time of the accident. He left behind four dependents. Therefore, the in view of Smt. Sarla Verma
FAO No.2241 of 2010 (O&M)
3
and others Vs. Delhi Transport Corporation and another, 2009(3) RCR
(Civil) 77, the dependency of 3/4th ought to have been taken. In view of the parameters laid down in FAO No.589 of 2010 titled as “Oriental Insurance Co. Ltd. vs. Saroj Devi and others” decided on 21.12.2011 by this Court,
this Court grants the compensation in this case as under:-
| 1 | 2 | 3 | 4 | 6 | 7 | 8 | 9 | 10 |
|---|---|---|---|---|---|---|---|---|
| Monthly income in Rupees). |
Actual age of the deceased |
Notional age (Actual age of the deceased+ the number of years of full last drawn salary as per Compassionate Rules) |
Increase in future Income as perSarla Verma |
Annual dependency |
Multiplier as per Sarla Verma (to be broken into 2 parts if multiplier spills over the age of 58 yrs. Before + after superannuation) |
Compensa tion for full Salary period i.e. upto 58 yrs. (rounded off) |
Compensa tion for Pension Period i.e. after 58 years (rounded off) |
Total compensati on : (column 8+ column 9 + convention al heads i.e. Rs.20,000) |
| 12737 | 51 | 51+7 =58 | Nil | 3/4th x 12 | 9 | Nil | 5,15,848 | 5,35,848 |
Accordingly, the enhanced amount comes to Rs.5,616/(5,35,848- 5,30,232), which shall be paid to the appellant No.1, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of the filing of the appeal, till its realisation.
In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.
23.4.2012 (JITENDRA CHAUHAN) gsv JUDGE
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be enhanced considering the deceased was a government employee?
Whether the Tribunal erred in not considering the promotion prospectus of the deceased in determining compensation?
Colour shows how this judgement treated each authority
Sarla Verma and others Vs. Delhi Transport Corporation and anotherApplied¶27
Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77
Oriental Insurance Co. Ltd. vs. Saroj Devi and othersRelied on¶31
FAO No.589 of 2010 titled as Oriental Insurance Co. Ltd. vs. Saroj Devi and others decided on 21.12.2011
2 provisions across 2 enactments
Prem Devi and others
Santokh Singh and others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
