Allowed

(O&M) Kamla Devi v. Sukh Ram

Punjab & Haryana HC9 Apr 2014FAO/200/2001

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the Motor Accident Claims Tribunal dismissing a claim due to the accident occurring on private premises. The Court held the Tribunal's premise flawed, remanded quantum calculation, and awarded compensation based on minimum wages.

What did the court decide?

Awarded `50,000 for loss of affection, `15,000 for funeral, `10,000 for hospitalization, with defined interest and deposit terms.

(O&M) Kamla Devi Vs Sukh Ram — Contract and Commercial Disputes | Punjab & Haryana HC (2014)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

FAO-200 of 2001 Date of Decision: 09.04.2014

Kamla Devi

...... Appellant

Versus

Sukh Ram & Ors.

...... Respondents

CORAM: HON'BLE MR.JUSTICE AJAY TEWARI

¶9

Present: Mr. N.S. Sitta, Advocate for the appellant.

¶10

Mr. Paul S. Saini, Advocate for the Insurance Co.-respondent No.3.

¶11

¶12

i. Whether Reporters of local papers may be allowed to see the judgment? ii. To be referred to the Reporters or not?

¶13

iii.Whether the judgment should be reported in the Digest?

¶14

AJAY TEWARI, J.(Oral)

¶15

This appeal has been filed against the award dated 01.02.2000 passed by the Motor Accident Claims Tribunal, Rupnagar, whereby the Tribunal dismissed the claim petition, on the ground that though the negligence was proved yet since the accident took place within premises of Ambuja Factory, which is not a public thorough fare or a public passage.

¶16

Learned counsel for the appellant has argued that there is no warrant for this proposition.

¶17

Learned counsel for the Insurance Company has also fairly accepted that the true condition for maintaining a claim petition under the Motor Vehicles Act is that the accident must have occurred due to use of motor vehicle and there is no stipulation that the accident must have been occurred on a public thorough only.

¶18

Satyawan 2014.05.08 10:53 "I attested to the accuracy and integrity of this document" High Court Chandigarh

¶19

¶20

FAO-200-2001

¶21

In the facts and circumstances, it has to be held that on the very premise the learned Tribunal has constructed its judgment is flawed. Consequently, the finding that the claim petition is not maintainable, is set aside.

¶22

The Tribunal has further erred in not giving any finding on

¶23

issue No.2.

¶24

Issue No.2-quantum of compensation

¶25

With regard to the compensation learned counsel has argued that the deceased was working as a crane operator and was earning ` 4,000/- per month as testified by PW-2 Ranjit Singh.

¶26

Counsel for the Insurance Company, however, has argued that no document regarding his salary has been placed on record and just on the bald statement the income cannot be taken to be 4,.000/- per month. I accept this argument and consequently, the only option before this Court would be to take the minimum wages, which were prevalent in the year 1998 in Punjab. As per the notification, the admitted minimum wages in the year 1998 was 1650/- per month. The age of the deceased as reflected in the claim petition was 24 years but when appearing for testimony, PW-1, mother of the deceased, mentioned it as 25/26 years. In the circumstances, his age has to be taken as 26 years. 50% increase is to be added for future prospects in view of the decision of this Court in FAO-929-2014 (National Insurance Company Limited vs. Gurdev Kaur & Ors.) decided on 18.02.2014.

¶27

Satyawan 2014.05.08 10:53 "I attested to the accuracy and integrity of this document" High Court Chandigarh

¶28

¶29

FAO-200-2001

¶30

Since the deceased was unmarried, deduction of 50% would be allowed.

¶31

As regards the multiplier, as per the age of the deceased the multiplier would be 17 but as per the age of the mother, the multiplier should be 13. In view of the decision of this Court in FAO5181-2010 (Nanank Singh & Anr. vs. State of Punjab) decided on 15.01.2014, the multiplier is taken as 15. I further award a sum of 50,000/- for loss of love and affection and an amount of 15,000/- for funeral expenses. As per the record, the deceased was in hospital for six days, I deem it appropriate to award a sum of ` 10,000/- for hospitalisation. The appellant would be entitled to interest @ 10% per annum from the date of filing of the claim petition till the date of payment. 50% of the amount awarded would be handed over to the appellant in cash and remaining would be put to a fixed deposit for five years in any nationalised bank and should be entitled to monthly/quarterly interest thereon.

¶32

Disposed of.

¶33

( AJAY TEWARI ) 09.04.2014 JUDGE ‘Satyawan’

¶34

Satyawan 2014.05.08 10:53 "I attested to the accuracy and integrity of this document" High Court Chandigarh

(O&M) Kamla Devi v. Sukh Ram

Case brief

What is this about?

What did the court decide?

(O&M) Kamla Devi v. Sukh Ram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Mamo Devi & Ors. Vs Krishan Kumar & Ors.

Pal Singh Vs Harbhajan Kaur

Susheel Kumar Vs H S S C and Ors.

(O&M) Jamil Akhtar Vs Varinder Pal Singh

Jarnail Singh and Anr. Vs Harnek Singh and Ors.

Reliance General Insurance Company Ltd. Vs Angrej Singh and Ors.