Komal and Ors v. Jaswinder and Ors

IN

Komal and Oth

Jaswinder alias

CORAM: HO

Present: Ms Mr

Mr

Mr

SUDEEPTI SH

Thi appearance on b

2.

Pre Court had alrea any of their em counsel empane assist in the mat disburse the cu assisting in the m

3.

On behalf of respon

N THE HIGH COURT OF PUN

AT CHANDIG

FAO-1429-2007

Date of Decisio hers

Vs.

s Jassa and another ON'BLE MRS. JUSTICE SUDE s. Manvi Arora, Advocate for r. Rakesh Gupta, Advocate for th r. Surinder Dhull, Advocate for re r. R.C.Gupta, Advocate for respo

---- HARMA J. (ORAL) is is an old matter pertaining to t behalf of the Insurance Company eviously vide order dated 18.07.2 dy issued directions to the Insu mpanelled counsel fails to app elled with the Insurance Compa tters. Further, the concerned Insu urrent scheduled fees to the co matters. n the asking of the Court, Mr. ndent No.3-Insurance Company.

NJAB & HARYANA GARH 7 (O&M) on: September 19, 2024

......Appellant(s)

......Respondent(s) EEPTI SHARMA e appellants. espondent Nos. 1 and 2. ndent No.3 – Insurance Co. the year 2007 but no one has pu y. 2024 in FAO No.1682 of 2007, t urance Companies that in the eve ear, this Court would request any, who is present in the Cour urance Companies were directed ounsel engaged by this Court R.C.Gupta, Advocate appears

ut in this ent, t to for

4.

Lea book alongwith Insurance Comp

5.

In 2007, the Insura Mr. R.C.Gupta, FAO-1429-2007

1.

The

02.01.2007 pass the learned Mot enhancement of family members FACTS NOT IN

2.

The Paramjeet, Balk car bearing reg resident of villa behind them an village Danoda No.HR-51-GA-0 alias Jassa respo which was bein died at the spot hospital, but he

arned counsel for the appellants h relevant record to the learn pany. view of the order dated 18.07 ance Company is directed to dis Advocate, the counsel engaged b 7 (O&M) e present appeal has been pr sed in the claim petition filed u tor Accident Claims Tribunal, K f compensation granted to the s of the deceased. N DISPUTE e brief facts of the case are that kar and Naresh were going towar gistration No.DL-4C-6445 and age Chank, Police Station Sadar nd when the said car reached a at about 9 AM, in the mean 0364 came from front side whi ondent No.1 in a rash and neglig ng driven by Paramjeet. Due to t whereas Naresh received griev also succumbed to the said inju

has handed over copy of the pap ned counsel for respondent No

7.2024 passed in FAO No.1682 sburse the current scheduled fees by this Court in the present case. referred against the award da under Motor Vehicles Act, 1988 Kaithal (for short, 'the Tribunal') claimants/appellants, who are t on 14.02.2006, at about 7:00 A rds their village Pinjupura in ma d Rajesh son of Mohinder Sin r Hansi was also on his motorcy near Bhikhewala turning point ntime a truck bearing registrat ich was being driven by Jaswin gent manner and hit against the this impact, Paramjeet and Bal vous injuries, who was taken to uries. It is also stated that the s

per-o.3-2 of s to . ated by for AM aruti ngh ycle t of tion nder car lkar

accident was wi FIR against resp

3.

Up the factum of co

4.

Fro issues:-

5.

Aft record, the lear alongwith intere present appeal f SUBMISSIONS

6.

Lea submissions:-

itnessed by Rajesh son of Mohi pondent No.1 regarding the said on notice of the claim petition, ompensation. om the pleadings of the parties,

¶1Whether the acciden Balkar and Naresh Kumar to of village Danoda due to ra No.HR-51-GA-0364 by resp

¶2If issue No.1 is proved compensation and if so to wh

¶3Whether respondent N effective driving licence at th

¶4Relief.

ter taking into consideration th rned Tribunal awarded compens est @ 7.5% per annum. Hence for enhancement of compensation S OF THE COUNSELS arned counsel for the claimants-

i) The learned counse contends that the amount ass the lower side.

inder Singh who got registered accident. , respondents appeared and den the Tribunal framed the follow nt resulting death of Paramj ook place on 14.02.2006 in the a ash and negligent driving of tru ondent No.1? OPP d, whether claimants are entitled hat amount and from whom? OP No.1 was not holding a valid he time of alleged accident? OPR he pleadings and the evidence sation to the tune of Rs.3,47,20 e the claimants/appellants filed n awarded by the Tribunal. -appellants has made the follow el for the claimants-appella sessed by the learned Tribunal is

nied wing eet, area uck PP R-3. on 00/- wing ants

The compensation sh

7.

Per however, vehem of compensation

8.

I h record of this ca

9.

A p the income of t Wages Act, it s the deceased is taken the multip Tribunal has no under conventio interference by t

ii) He further submits erroneously taken the incom month, which is equivalent to

iii) The Ld. Tribunal err instead of 17.

iv) He further contends future prospectus and loss of

v) The amount awarded f consortium is also on lower s erefore, he prays that the p hould be enhanced as per latest l r contra, learned counsel for th mently argues that the award has n as assessed by the learned Trib have heard learned counsel for ase. perusal of the award indicates th the deceased as Rs.2400/- per hould be Rs.3510/- per month. assessed as Rs.3510/- per month plier of 16 instead of 17 as pe ot granted future prospectus, los onal Heads is on the lower si this Court.

that the learned Tribunal me of deceased as Rs.2400/- o that of a casual labourer. oneously applied multiplier of that no amount was granted f estate. for funeral expenses and for loss side. present appeal be allowed law. he respondent-Insurance Compa rightly been passed and the amo unal has rightly been granted. the parties and perused the wh hat the Tribunal has wrongly tak month, however, as per Minim Therefore, the monthly income h. Further the Tribunal has wron er settled law. Further, the learn s of estate and the amount gran ide. Therefore, the award requ

has per f 16 for s of any, ount hole ken mum e of ngly ned nted

SETTLED LAW

10.

Ho Transport Corp down the law o are as under:- "30 Tri ded Cou ded sho mem fam dep

¶31par bac exp mo get par evid be con bec be

W ON COMPENSATION n'ble Supreme Court in the poration and Another [(2009) 6 on assessment of compensation

¶0Though in some cases the dedu d living expenses is calculated lok Chandra, the general pr ductions. Having a considered s urt, we are of the view that wh duction towards personal and ould be one-third (1/3rd) where mbers is 2 to 3, one-fourth (1/4 mily members is 4 to 6, and one pendent family members exceeds Where the deceased was a ba rents, the deduction follows a chelors, normally, 50% is de penses, because it is assumed th re on himself. Even otherwise, tting married in a short time, in rent(s) and siblings is likely to be dence to the contrary, the fathe d will not be considered as a de considered as a dependant. In ntrary, brothers and sisters will cause they will either be indepe dependent on the father.

case of Sarla Verma Vs. De 6 Supreme Court Cases 121], l and the relevant paras of the sa uction to be made towards perso on the basis of units indicated ractice is to apply standardi several subsequent decisions of here the deceased was married, living expenses of the deceas e the number of dependent fam th) where the number of depend e-fifth (1/5th) where the number s six. achelor and the claimants are different principle. In regard deducted as personal and liv hat a bachelor would tend to sp there is also the possibility of which event the contribution to e cut drastically. Further, subjec er is likely to have his own inco ependant and the mother alone w In the absence of evidence to l not be considered as dependa endent and earning, or married,

elhi laid ame onal d in ised this sed, mily dent r of ving end f his ct to ome will nts, , or

d th be 50% in you exp wil *

¶42men Sus ope yea for yea

11.

Ho Ltd. Vs. Pranay Sections 166, 1 aspects:-

(A) mu

(B)

(C)

(D) esta

¶2Thus even if the deceased is su he mother would be considered treated as the personal and liv % as the contribution to the fam e bachelor is large and dependen a case where he has a widow unger non-earning sisters or b penses may be restricted to one-t ll be taken as two-third.

*

* We therefore hold that the m ntioned in Column (4) of the t samma Thomas³, Trilok Chandra erative multiplier of 18 (for the a ars), reduced by one unit for eve years, M-16 for 31 to 35 years, to 45 years, and M-13 for 46 to every five years, that is, M-11 f ars, M-7 for 61 to 65 years and M n'ble Supreme Court in the case y Sethi & Ors. [(2017) 16 SCC 63-A and 168 of the Motor Ve ) Deduction of personal an ultiplicand; ) Selection of multiplier depen ) Age of deceased on basis for ) Reasonable figures on con ate, loss of consortium and funer

rvived by parents and siblings, o to be a dependant, and 50% wo ving expenses of the bachelor a mily. However, where the family nt on the income of the deceased wed mother and large number brothers, his personal and liv third and contribution to the fam *

*

* multiplier to be used should be table above (prepared by apply a and Charlie), which starts with age groups of 15 to 20 and 21 to ery five years, that is M-17 for 26 M-15 for 36 to 40 years, M-14 50 years, then reduced by two un for 51 to 55 years, M-9 for 56 to M-5 for 66 to 70 years. e of National Insurance Comp C 680] has clarified the law un ehicles Act, 1988, on the follow nd living expenses to determ nding on age of deceased; r applying multiplier; nventional heads, namely, loss ral expenses, with escalation;

only ould y of d, as r of ving mily e as ying h an o 25 6 to for nits o 60 pany nder wing mine

(E) age The

) Future prospects for all cate es: with permanent job; self-emp e relevant portion of the judgmen "52. As far as the conventi it difficult to agree with the granted Rs.25,000 towards towards loss of consortium care and guidance for minor of care and minor children d to Santosh Devi, it does n conventional and traditional determined on percentage b acceptable criterion. Unlike heads have to be quantified reasonable foundation. Ther that price index, fall in ba many a field have to be n oblivious to the same. Ther aspect. Otherwise, there determination of the same an there will be immense variat as a consequence of which, and courts are likely to be seemly to fix reasonable sum figures on conventional hea consortium and funeral Rs.40,000 and Rs.15,000 revisiting the said heads is revisit should not be fact-cen that it would be condign quantified should be enhan three years and the enhance

egories of persons and for differ ployed or fixed salary. nt is reproduced as under:- ional heads are concerned, we f e view expressed in Rajesh². It s funeral expenses, Rs 1,00,0 and Rs 1,00,000 towards loss r children. The head relating to l does not exist. Though Rajesh ref not seem to follow the same. T l heads, needless to say, cannot basis because that would not be e determination of income, the s d. Any quantification must hav re can be no dispute over the f ank interest, escalation of rates noticed. The court cannot rem re has been a thumb rule in will be extreme difficulty nd unless the thumb rule is appli tion lacking any kind of consiste the orders passed by the tribun e unguided. Therefore, we think ms. It seems to us that reasona ads, namely, loss of estate, loss expenses should be Rs.15,0 respectively. The principle s an acceptable principle. But ntric or quantum-centric. We th that the amount that we h nced on percentage basis in ev ement should be at the rate of 1

rent find has s of loss fers The t be e an said ve a fact s in main this in ied, ncy nals k it able s of 000, of hink ave very 0%

in a span of three years. W that will bring in consistency *

*

59.3. While determining th actual salary to the incom prospects, where the deceas below the age of 40 years, sh be 30%, if the age of the dec In case the deceased was bet addition should be 15%. Act salary less tax.

59.4. In case the deceased salary, an addition of 40% o the warrant where the decea An addition of 25% where th 40 to 50 years and 10% wh age of 50 to 60 years shou method of computation. Th income minus the tax compon

59.5. For determination of t personal and living expenses be guided by paras 30 to 3 reproduced hereinbefore.

59.6. The selection of multi Table in Sarla Verma¹ read w

59.7. The age of the decease the multiplier.

59.8. Reasonable figures on estate, loss of consortium a 15,000, Rs 40,000 and Rs amounts should be enhanced years."

We are disposed to hold so beca y in respect of those heads. *

*

* he income, an addition of 50% e of the deceased towards fut sed had a permanent job and w hould be made. The addition sho ceased was between 40 to 50 yea tween the age of 50 to 60 years, tual salary should be read as act was self-employed (or) on a fix of the established income should ased was below the age of 40 yea he deceased was between the age here the deceased was between uld be regarded as the necess he established income means nent. the multiplicand, the deduction s, the tribunals and the courts sh 32 of Sarla Verma⁴ which we h iplier shall be as indicated in with para 42 of that judgment. ed should be the basis for apply conventional heads, namely, loss and funeral expenses should be 15,000 respectively. The afores d at the rate of 10% in every th

ause % of ture was ould ars. tual ixed d be ars. e of sary for hall ave ying s of Rs said

12.

Ho Company Limi 130] after cons settled the law r as under:-

n'ble Supreme Court in the ca ited Vs. Nanu Ram alias Chuh sidering Sarla Verma (supra regarding consortium. Relevan "21. A Constitution Bench o with the various heads und awarded in a death case. consortium. In legal parlanc term which encompasses consortium", and "filial con would include the company solace and affection of the family. With respect to a relations with the deceased sp

21.1. Spousal consortium pertaining to the relationshi compensation to the surviv society, cooperation, affecti conjugal relation".

21.2. Parental consortium premature death of a pa protection, affection, soc training".

21.3. Filial consortium i compensation in the case of accident leading to the death agony to the parents and fa agony for a parent is to los

se of Magma General Insura hru Ram & Others [2018(18) S a) and Pranay Sethi (Supra) nt paras of the same are reprodu of this Court in Pranay Sethi² de der which compensation is to One of these heads is loss ce, "consortium" is a compendi "spousal consortium", "paren nsortium". The right to consorti ny, care, help, comfort, guidan deceased, which is a loss to spouse, it would include sex spouse. is generally defined as rig ip of a husband-wife which allo ving spouse for loss of "compa on, and aid of the other in ev is granted to the child upon rent, for loss of "parental a ciety, discipline, guidance a is the right of the parents f an accidental death of a child. h of a child causes great shock a amily of the deceased. The grea se their child during their lifeti

nce CC has uced ealt be of ious ntal ium nce, his xual ghts ows any, very aid, to An test

Children are valued for the and their role in the family u

¶22Consortium is a special about the status and worth jurisdictions world-over hav child's consortium far exc compensation awarded in th jurisdictions therefore pe compensation under loss of c The amount awarded to the of the love, affection, care a child.

¶23The Motor Vehicles Act providing relief to the victi genuine claims. In case wh child, or unmarried son or d be awarded loss of conso consortium. Parental consor lose their parents in motor few High Courts have awa However, there was no clari which compensation could consortium.

¶24The amount of compensa will be governed by the pri under "loss of consortium" a present case, we deem it ap the sister of the deceased, an of filial consortium.

eir love, affection, companions nit. l prism reflecting changing nor h of actual relationships. Mod ve recognised that the value of ceeds the economic value of e case of the death of a child. M ermit parents to be award consortium on the death of a ch parents is a compensation for l and companionship of the decea is a beneficial legislation aimed ims or their families, in cases here a parent has lost their mi daughter, the parents are entitled ortium under the head of fi rtium is awarded to children w vehicle accidents under the Act arded compensation on this cou ity with respect to the principles d be awarded on loss of fi ation to be awarded as consorti inciples of awarding compensat as laid down in Pranay Sethi². In ppropriate to award the father a n amount of Rs 40,000 each for l

ship rms dern of a Most rded hild. loss ased d at s of inor ilial who t. A unt. s on ilial ium tion

CONCLUSION

13.

In above referred

02.01.2007 is enhanced amoun Sr. No. M Fu De ex

¶4To M An Lo Fu Lo Pa Sp Fi

To

Am Tr

En

14.

So Court in Dara S and R.Valli and Supreme Court

N view of the law laid down by to judgments, the present app modified accordingly. The ap nt of compensation as per the cal Heads Monthly Income uture prospects @ 40% eduction towards persona xpenditure otal Income Multiplier nnual Dependency oss of Estate uneral Expenses oss of Consortium arental : Rs. 48,000/- x2 pousal : Rs. 48,000/-x1 ilial : Rs. 48,000/-x1 otal Compensation mount Awarded by the ribunal nhanced amount far as the interest part is conce Singh @ Dhara Banjara Vs. Shy d Others VS. Tamil Nandu State t Cases 107, the appellants-claim

the Hon'ble Supreme Court in peal is allowed. The award da ppellants-claimants are entitled lculations made here-under:-Compensation Awarded Rs. 3510/-Rs.1404/-(40% of 3510) al Rs.1225/-[1/4 of (3510+1404 = 4914 rounded off to Rs.4900/-)] Rs.3675/-(4900-1225) Rs.7,49,700/-(3675 x 12 x 17) Rs.18,000/-Rs.18,000/-Rs.1,92,000/-Rs.9,77,700 /-Rs. 3,47,200/-

Rs.6,30,500/- erned, as held by Hon'ble Supre yam Singh Varma 2019 ACJ 31 e Transport Corporation (2022 mants are granted the interest @

ated d ) eme 2) 5 9%

per annum on th date of its realiz

15.

Res deposit the enha within a period disburse the enh of all the claim The claimants/a Tribunal.

16.

Dis

17.

Pen

September 19, tripti

he enhanced amount from the da zation. spondent No.3 – United India anced amount of compensation a d of two months from today. T hanced amount of compensation mants/appellants as per ratio settl appellants are directed to furnish sposed off accordingly. nding applications, if any, also st

(SUDE

2024 Whether speaking/non-speak

ate of filing of claim petition, till Insurance Company is directed along with interest with the Tribu The Tribunal is further directed n along with interest in the accou led in the award dated 02.01.20 h their bank account details to tand disposed of. EPTI SHARMA) JUDGE king : Speaking : Yes

unal unts

007.