Single judge corrected an arithmetical error in a Motor Accident Claim Tribunal award, enhancing compensation from 4.8 lakh to 5.76 lakh rupees and ordered payment with interest.
Enhanced compensation of Rs. 48,000 awarded; total compensation fixed at Rs. 5,76,000 with interest at 7%.
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.745 of 1999(O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.745 of 1999(O&M) Date of decision: 23.7.2014
Jatinder Kaur
......Appellant(s)
Versus
Baljinder Singh and anr. ......Respondent(s)
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
1. Whether reporters of local newspapers may be allowed to see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. S.S. Grewal, Advocate for the appellant(s).
Mr. V.K. Mahajan, Advocate for respondent No.2.
Rakesh Kumar Garg, J. (Oral)
The appellant herein has challenged the impugned award on the ground of inadequacy of compensation on account of death of her husband, Kulwant Singh, in a motor vehicular accident caused due to rash and negligent driving of the offending vehicle driven by respondent No.1 and owned by respondent No.2.
The claim petition was contested by the respondents contending that the accident in question occurred due to the negligence of the deceased and that the driver of the vehicle was not negligent.
On consideration of the oral and documentary evidence led by the parties, the trial Court came to the conclusion that there was contributory negligence on the part of the driver of the offending vehicle and the deceased as a result of which the accident took place. Consequently, both the respondents were held liable to pay 50% of the
Saini Pushpinder 2014.07.30 15:36 I attest to the accuracy and integrity of this document High Court Chandigarh
FAO No.745 of 1999(O&M)
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compensation.
While calculating the compensation, the Tribunal determined the annual dependency of the deceased at 36,000/- and after applying a multiplier of 16 as noticed, held that total amount of compensation comes to 4,80,000/-. A sum of 9500/- was further awarded holding that out of total of 4,89,500/-, a sum of ` 2,45,000/- is payable to the claimants as under:
Jatinder Kaur – petitioner (widow) ` 1,80,000/-
Kesar Kaur (mother) ` 65,000/-
The aforesaid findings of the Tribunal were upheld by a Division Bench of this Court vide judgment dated 26.5.1999 in FAO No.1184 of 1999 titled as “PRTC versus Jatinder Kaur and another observing as under:
“We have heard counsel for the appellant and having perused the impugned award find no ground to differ with the findings recorded by the Tribunal. Consequently, we find no ground to interfere with the impugned award and dismiss the appeal.”
Faced with the aforesaid, counsel for the appellant states that there is arithmetical error in the Award of the Tribunal as after taking into the annual dependency at 36,000/- and applying a multiplier of 16, the total compensation comes to 5,76,000/- instead of ` 480,000/- as determined by the Tribunal. Counsel for the appellant has further submitted that arithmetical error can be corrected by this Court as such an error was not brought to the notice of the Division Bench by the counsel representing the respondent-Corporation during the course of hearing in
Saini Pushpinder 2014.07.30 15:36 I attest to the accuracy and integrity of this document High Court Chandigarh
FAO No.745 of 1999(O&M)
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FAO No.1184 of 1999.
The submission made on behalf of the appellant is meritorious and could not be disputed.
In view thereof, the total compensation is determined at 5,76,000/- instead of 4,80,000/- and thus, the claimants are held entitled to further compensation of ` 48,000/- over and above the amount awarded by the MACT .
Let this amount of enhanced compensation be paid to the appellant within one month from today along with interest @ 7% from the date of filing of the claim petition till its realization.
July 23, 2014 ps
(RAKESH KUMAR GARG) JUDGE
Saini Pushpinder 2014.07.30 15:36 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether the High Court can correct an arithmetical error in the trial court's award of compensation for a motor accident death.
Whether the claimants are entitled to additional compensation after correcting the calculation of annual dependency and multiplier.
Jatinder Kaur
Baljinder Singh
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
