Allowed

Sukhwinder Kaur and Anr. v. Teja Singh and Ors.

Punjab & Haryana HC28 Mar 2012FAO/2502/2011

Case brief

AI extract

What is this about?

This appeal challenged the Motor Accident Claims Tribunal award allowing ₹86,000 to the parents of a deceased driver. The High Court enhanced the compensation to ₹1,72,000 by applying a 50% dependency ratio and a multiplier of 9, per Smt. Sarla Verma, and rejected the claim for higher income assessment due to lack of evidence.

What did the court decide?

Compensation enhanced to ₹1,72,000 including funeral, last rites, loss of estate, transportation expenses.

Sukhwinder Kaur and Anr. Vs Teja Singh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2012)

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FAO No. 2502 of 2011 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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FAO No. 2502 of 2011 (O&M) Date of decision : 28.3.2012

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Sukhwinder Kaur and another

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................Appellants

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vs.

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Teja Singh and others

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.................Respondents

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Coram: Hon'ble Mr. Justice K.C. Puri

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Present: Sh. B.S. Dhillon, Advocate for

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Sh. J.S. Cooner, Advocate for the appellants

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Sh. R.C. Gupta, Advocate for respondent No.3 - Insurance company.

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K.C. Puri, J.

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Challenge in this appeal is the award dated 14.9.2010 passed by Sh. Ashok Kumar Singla, Motor Accident Claims Tribunal, Tarn Taran.

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The claim petition was partly accepted and a sum of 86,000/- was allowed to the claimants. The claimants are parents of the deceased Rajbir Singh, who died in a motor vehicular accident. The Tribunal assessed the income of the deceased as 3,000/- per month as driver instead of `5,000/- per month as claimed by the claimants. It is mentioned that Rajbir Singh would have been married if he might remained alive for 1-2 years. So, dependency after one

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FAO No. 2502 of 2011 -2-

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year has been taken after deducting 1/3^rd amount in respect of personal expenses of the deceased. The dependency was in this manner was calculated as 24,000/- (2,000/- X 12) for the first year and thereafter the dependency has been taken as 10,000/- ( 1,000 X 12) by deducting 2/3^rd amount in respect of personal expenses of the deceased. The multiplier of 5 was applied and the amount of compensation was calculated as 84,000/- ( 1,000 X 12 X 5 + 24,000/-). An amount of 2,000/- was allowed on account of funeral expenses and in this manner, the claimants were allowed an amount of `86,000/- as compensation alongwith interest @ 7% per annum from the date of filing of claim petition till realization.

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The parents of the deceased have preferred the present appeal for enhancement of compensation.

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Learned counsel for the appellants has submitted that income of the deceased which has been assessed as 3,000/- per month, is on lower side. The deceased was earning 5,000/- per month as driver. The income of the deceased is required to be enhanced.

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I have considered the said submission, but do not find any force in that submission. In the absence of any cogent evidence, the income of the deceased in the year 2006 as driver has been rightly assessed.

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Learned counsel for the appellants has submitted that multiplier applied by the Tribunal is on lower side. He has contended that in view of the authority reported as Smt. Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR

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FAO No. 2502 of 2011 -3-

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(Civil) 77, the dependency should have been taken as 50% of the income of the deceased and multiplier applicable at the age of the parents of the deceased, as per the said authority, should be 9.

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The said legal position has not been disputed by the counsel for the Insurance company.

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So, the dependency of the claimants comes to 1,500/- per month by applying the cut of 50% in respect of personal expenses of the deceased. The yearly dependency in this manner comes to 18,000/- (1,500/- X 12). In view of the authority in **Smt. Sarla Verma's case (Supra)** , the multiplier applicable at the age of Sukhwinder Kaur mother of the deceased, is 9. So, by applying the said multiplier, the amount of compensation is calculated as 1,62,000/- (18,000 X 9). The Tribunal has allowed an amount of 2,000/- in respect of funeral expenses. Another sum of 5,000/stands allowed in respect of last rites and a sum of 5,000 on account of loss of estate, transportation expenses etc. So, the claimants are held entitled to claim `1,72,000/- alongwith interest @ 7% per annum from the date of filing of claim petition till realization. The liability to pay the enhanced amount shall be the same as ordered by the Tribunal.

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The appeal stands disposed of.

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28.3.2012 chugh

Sukhwinder Kaur and Anr. v. Teja Singh and Ors.

Case brief

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Sukhwinder Kaur and Anr. v. Teja Singh and Ors.

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