Allowed

Jaswant Kaur and Ors. v. Joga Singh and Ors.

Punjab & Haryana HC14 Feb 2024FAO/4442/2013

Case brief

AI extract

What is this about?

Claimants appealed against the quantum of compensation for a motor accident death, seeking addition of future prospects and enhancement of conventional heads. The High Court added 40% towards future prospects and enhanced loss of estate, funeral expenses and consortium per Supreme Court rulings, reworking total compensation from Rs.6,85,000 to Rs.12,21,000 with 8% interest on the excess.

What did the court decide?

Compensation enhanced from Rs.6,85,000 to Rs.12,21,000 with 8% interest on excess; award modified.

Jaswant Kaur and Ors. Vs Joga Singh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2024)

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2024:PHHC:021074

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722

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO-4442-2013 (O&M)

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Date of decision : 14.02.2024

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Jaswant Kaur & Ors. . .. Appellant(s) Versus Joga Singh & Ors. . .. Respondent(s)

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CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

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Present: Mr. Vivek Suri, Advocate for the appellants.

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Mr. Karan Singla, Advocate for respondent Nos.1 and 2.

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ALKA SARIN, J. (ORAL)

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The present appeal has been preferred by the claimantappellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Patiala vide award dated 08.03.2013.

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Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for

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the sake of brevity.

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The Tribunal in the present case had awarded the following

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compensation :

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Sr. No.	Heads	Compensation Awarded
1	Monthly Income	Rs.5,000/-
2	Annual Income	[Rs.5,000x12]=Rs.60,000/-
3	Deduction 1/4th	[Rs.60,000-15,000]=Rs.45,000/-
4	Multiplier - 15	[Rs.45,000x15]=Rs.6,75,000/-
5	Funeral expenses	Rs.5,000/-

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Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

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2024:PHHC:021074

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FAO-4442-2013 (O&M) -2-

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6	Love and affection	Rs.5,000/-
7	Total Compensation	Rs.6,85,000/-
	Interest	8%

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Learned counsel for the appellants would contend that though the income of the deceased was rightly assessed as Rs.5,000/- per month and a multiplier of ‘15’ as well as a deduction of 1/4^th was applied correctly, however, no addition has been made towards future prospects which ought to have been 40%. It is further the contention of the learned counsel that the amount awarded under the conventional heads as well as under the head ‘loss of consortium’ is also not as per the law laid down by the Hon’ble Supreme Court. In support of his contentions the learned counsel for the claimant-appellants has relied upon the judgments of the Hon’ble Supreme Court in the cases of National Insurance Company Ltd. vs. Pranay Sethi & Ors. [(2017) 16 SCC 680] , Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram & Ors. [(2018) 18 SCC 130] and N. Jayasree & Ors. vs. Cholamandalam M.S General Insurance Company Ltd. [2021(4) RCR (Civil) 642] .

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5 . Per contra , the learned counsel for respondent Nos.1 and 2 has vehemently argued that sufficient amount has already been awarded as compensation in the present case and that there is no scope of any enhancement.

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I have heard the learned counsel for the parties.

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Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

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2024:PHHC:021074

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FAO-4442-2013 (O&M) -3-

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In the present case, the Tribunal has though rightly assessed the income of the deceased as Rs.5,000/- per month and also correctly applied a multiplier of ‘15’ as well as deduction of 1/4^th , however, no addition has been made towards future prospects and hence as per the law laid down by the Hon’ble Supreme Court in the case of Pranay Sethi (supra), 40% addition is made towards future prospects. Further, the amount awarded under the conventional heads and under the head ‘loss of consortium’ is not as per the law laid down by the Hon’ble Supreme Court in the cases of Pranay Sethi (supra), Magma General Insurance Company Limited (supra) and N. Jayasree (supra) and hence, the claimant-appellants would be entitled to Rs.18,000/- (Rs.15,000+20% increase) towards loss of estate and Rs.18,000/- (Rs.15,000+20% increase) towards funeral expenses and the claimant-appellants (widow, two children and parents of the deceased) would also be entitled to Rs.48,000/- each (Rs.40,000+20% increase) towards loss of consortium.

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8. Accordingly, the reworked compensation is as under :

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Sr.	Heads	Compensation Awarded
No.
1	Monthly Income	Rs.5,000/-
2	Annual Income	[Rs.5,000x12]=Rs.60,000/-
3	Deduction 1/4th	[Rs.60,000-15,000]=Rs.45,000/-
4	Future Prospects - 40%	[Rs.45,000+18,000]=Rs.63,000/-
5	Multiplier - 15	[Rs.63,000x15]=Rs.9,45,000/-
6	Loss of estate	Rs.18,000/-

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Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

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2024:PHHC:021074

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FAO-4442-2013 (O&M) -4-

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7	Funeral expenses	Rs.18,000/-
8	Loss of consortium
	(i) Parental	[Rs.48,000/-x2] = Rs.96,000/-
	(ii) Filial	[Rs.48,000/-x2] =Rs.96,000/-
	(iii) Spousal's	Rs.48,000/-
		(Total Rs.2,40,000/-)
	Total Compensation	Rs.12,21,000/-

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The amount in excess of and over and above the amount awarded by the Tribunal shall also attract interest @ 8% per annum from the date of filing of the claim petition till realization of the entire amount. The amount shall be apportioned between the claimant-appellants as directed by the Tribunal.

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In view of the above discussion, the present appeal is allowed and the award passed by the Tribunal is modified accordingly. Pending applications, if any, also stand disposed off.

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14.02.2024 ( ALKA SARIN ) Yogesh Sharma JUDGE

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NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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Yogesh Sharma 2024.02.15 10:13 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

Jaswant Kaur and Ors. v. Joga Singh and Ors.

Case brief

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Jaswant Kaur and Ors. v. Joga Singh and Ors.

Case brief

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