Disposed

(O&M) Geeta Devi & Anr. v. Sham Lal and Anr.

Punjab & Haryana HC7 Aug 2024FAO/4228/2003

Case brief

AI extract

What is this about?

Claimants sought enhancement of a Motor Accident Claims Tribunal award for the death of a 25-year-old skilled worker. The High Court recalculated compensation applying 1/4th deduction for personal expenses, 50% future prospects, and higher amounts for loss of consortium, loss of estate and funeral expenses, awarding enhanced compensation of Rs. 5,44,189/- with interest.

What did the court decide?

Enhanced compensation of Rs. 5,44,189/- with 7.5% interest from filing of claim petition till realization, payable in the ratio allowed by the Tribunal.

(O&M) Geeta Devi & Anr. Vs Sham Lal and Anr. — Motor Accident Claims | Punjab & Haryana HC (2024)

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FAO No.4228 of 2003 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.4228 of 2003 (O&M) Date of Decision : August 07, 2024

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Smt. Geeta Devi and others

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… Appellants

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Versus

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Shri Ram Lal and others

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…Respondents

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CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present: - Mr. Ashish Bansal, Advocate for the appellants.

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Mr. Abhishek Goyal, Advocate for Mr. Pardeep Goyal, Advocate for respondent No.2-Insurance Company.

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DEEPAK GUPTA, J.(Oral)

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Claimants are in this appeal seeking enhancement in the Award passed by the Motor Accident Claims Tribunal, Gurgaon (for short ‘the Tribunal). The accident had taken place on 05.06.2000 in which Santosh Tiwari died. He was 25 years old. Being a skilled worker, he was employed in Saurer Embroidery Factory, Khandsa, ge3ng salary of �5,650/- per month. There are five claimants, who are widow; two minor children and parents of the deceased. The Tribunal, a7er deduc8ng the component of conveyance and washing allowance, has taken the salary of the deceased to be �3,950/- per month, deducted 1/3rd towards the self expenses, applied mul8plier of 17, granted loss of consor8um to the extent of �10,000/- and funeral expenses of �5,000/- and assessed the total compensa8on @ �5,52,336/-.

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Conten8on of learned counsel for the appellants-claimants is that even if father of the deceased is not taken as dependent on deceased, s8ll there being four claimants, deduc8on for self expenses could not be more than 1/4th, in view of “Sarla Verma and others v. Delhi Transport Corpora�on and another” , (2009) 6 Supreme Court Cases 121. His further conten8on is that deceased being a permanent employee ge3ng salary with allowances, so 50% of the amount should have been added for future

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Page no.1 out of 3 pages

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Sarita Rani 2024.08.08 05:28 I attest to the accuracy of this document/order

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FAO No.4228 of 2003 (O&M)

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prospects. Besides, the claimants were en8tled to compensa8on for loss of consor8um/filial consor8um @ �40,000/- per person, as per “Na�onal Insurance Company Limited v. Pranay Sethi and others ” 2017(4) RCR (Civil) 1009, apart from �15,000/- each for loss of estate and funeral expenses.

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Learned counsel for respondent No.2-Insurance Company could not refute any of the aforesaid conten8ons.

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As such, the compensa8on amount is modified as under:-

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	Deceased Santosh Tiwari Age – 25 years	Compensa=on awarded by MACT (in�)	Compensa=on assessed by this Court(in�)
1.	Earning of deceased	3,950/-	3,950/-
2.	Annual Income	3950x12 = 47,400/-	47,400/-
3.	A7er adding future prospects of 50%	----	71,000/-
4.	Deduc8on for self expenses	1/3	1/4
5.	Annul loss of dependency	31,608/-	53,325/-
6.	Mul8plier	17	17
7.	Compensa8on	5,37,336	9,06,525/-
8.	Loss of consor8um/filial consor8um	10,000/-	1,60,000/- (40,000/- each for 4 claimants
9.	Loss of estate	--	15,000/-
10.	Funeral expenses	5,000/-	15,000/-
	Total compensa=on	5,52,336/-	10,96,525/-
	Enhanced compensa=on	5,44,18	9/-

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Page no.2 out of 3 pages

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Sarita Rani 2024.08.08 05:28 I attest to the accuracy of this document/order

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FAO No.4228 of 2003 (O&M)

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Thus, in view of the aforesaid, the claimants-appellants are en8tled to the enhanced compensa8on of �5,44,189/- payable to them @ 7.5% per annum from the date of filing of claim pe88on 8ll its actual realiza8on.

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The enhanced compensa8on shall be paid in the same ra8o as allowed by the Tribunal to the widow, two children and mother of the deceased.

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Disposed of.

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August 07, 2024 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

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Page no.3 out of 3 pages

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Sarita Rani 2024.08.08 05:28 I attest to the accuracy of this document/order

(O&M) Geeta Devi & Anr. v. Sham Lal and Anr.

Case brief

What is this about?

What did the court decide?

(O&M) Geeta Devi & Anr. v. Sham Lal and Anr.

Case brief

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