The High Court upheld Motor Accident Claims Tribunal compensation but enhanced the multiplier based on the deceased's age per Sarla Verma guidelines, granting additional amounts for dependency and conventional heads.
Enhanced compensation awarded totaling Rs.67,600 additional sum; 7.5% interest from filing date.
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.
FAO No.6826 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 6826 of 2010
In MACT Case No.74 of 2009 Date of Decision: 31.5.2012
Anita & others
...Appellants
Versus
Prem Singh & others
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr. Kamal Mor, Advocate for the appellants.
Mr. Neeraj Khanna, Advocate for respondent. No.3
JITENDRA CHAUHAN J.(ORAL):
C.M. No.29479-C-II of 2010
For the reasons mentioned in the application, the same is allowed. The delay of 47 days in filing the appeal is condoned. FAO No. 6826 of 2010
The present appeal has been preferred by the claimants-appellants for enhancement of compensation amount awarded by the Motor Accident Claims Tribunal, Gurgaon, on account of death of deceased Jai Narayan, in a vehicular accident that took place on 30.4.2009.
Brief facts of the case in hand are, that on 30.4.2009 Jai Narain, the deceased along with his brother-in-law was going to his house in Surat Nagar, Gurgaon, on a motorcycle bearing registration No.HR-26-AT-6531. When they reached near Ravi Hotel on N. H-8, a truck bearing registration No. HR-38E-1675
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FAO No.6826 of 2010
being driven by Tirlok Singh in a rash and negligent manner came from the back side and struck against the motorcycle of the deceased. As a result thereof, the deceased received multiple injuries and died on the spot.
The claimants-appellant filed claim petition bearing No.74 of 2009 before the Motor Accident Claims Tribunal, Gurgaon, in which the learned Tribunal awarded an amount of Rs.4,70,800/- as compensation on account of death of deceased Jai Narayan, in a vehicular accident that took place on 30.4.2009.
Feeling dissatisfied by the impugned award, the claimants came up in the present appeal for enhancement of the compensation.
Learned counsel for the claimant-appellants contends that the deceased was 25 years of age at the time of the accident and the learned Tribunal erred in applying the multiplier of 16 which ought to have been 18 keeping in view the age of the deceased. He further contends that the compensation amount awarded by the learned Tribunal under the heads transportation, funeral expenses and loss of estate is also on the lower side and the same deserves to be enhanced.
Learned counsel for the respondent submits that the compensation amount awarded by the Tribunal is sufficient and adequate. He further prays for dismissal of the appeal.
I have heard the learned counsel for the parties and perused the record.
From the perusal of the record, it emerges that on record
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FAO No.6826 of 2010
there were two proofs regarding the date of birth of the deceased i.e. Matriculation certificate and the postmortem report. There is nothing on record as to who made the statement regarding the date of birth of the deceased at the time of the post-mortem. As per the matriculation certificate Ex-PD the date of birth of the deceased has been recorded as 25th June, 1984. The matariculation certificate of the deceased certainly carries proof of authenticity and better piece of evidence regarding the date of birth of the deceased. Therefore , it is held that the deceased was 25 years of age at the time of the accident. Thus, keeping in view the age of the deceased, multiplier of 18 is applied instead of 16 as per law laid down by the Hon'ble Supreme Court of India in Sarla Verma Vs. DTC (2009) 6 SCC 121. This Court further allows an amount of Rs.10,000 under the conventional heads. Ordered accordingly.
The enhanced amount comes to Rs.67,600/-(28,800/(annual dependency) x 18 (enhanced multiplier)+10,000 (awarded by the Tribunal under the head funeral expenses and and loss of estate)+ 10,000/- (awarded by this Court under the conventional heads)=Rs.5,38,400/- (5,38,400-4,70,800 (amount already awarded ) =Rs.67,600/- which shall be payable by the respondents to the claimants within 45 days from the receipt of certified copy of this judgment. If the amount is not paid within the stipulated period the claimants-appellants shall be entitled to interest @ 7 ½ % from the date of filing the appeal till its realisation.
FAO No.6826 of 2010
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This appeal is partly allowed with the modification in the
impugned award as indicated above.
31.5.2012 aarti
(JITENDRA CHAUHAN) JUDGE
2 issues framed by the court
Whether an appeal for enhancement of motor accident compensation can be allowed despite a delay in filing?
Whether the multiplier applied by the Tribunal was correct given the age of the deceased?
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Anita & others
Prem Singh & others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
