Darshan Kaur and Ors v. Hasan Din and Ors

IN T

MRS. DARSHA

HASAN DIN @

CORAM : HON

Present: Mr for

Mr

Mr Mr SUDEEPTI SH

1.

The enhancement of Tribunal, Chand Section 166 of were awarded a annum. FACTS NOT IN

2.

Bri alongwith his br (near Dharampu When the bus r bearing No.HP-crossing each ot between and co THE HIGH COURT OF PUNJ AT CHANDIGA

FA

Da AN KAUR AND OTHERS

VERSUS @ HASAMDIN AND OTHERS N'BLE MRS. JUSTICE SUDE r.K.K. Garg, Advocate the appellant(s). r. R.P. Daria, Advocate for Insura r.Ravinder Arora, Advocate with r. Vipul, Advocate for responden -.-

HARMA, J. e present appeal has been prefer f compensation awarded by th digarh (for short, 'the Tribunal') v the Motor Vehicles Act, 1988, a compensation of Rs.3,14,200 N DISPUTE ief facts of the case are that rother Pal Singh boarded a bus N ur) from Chandigarh. He was sitt reached near Chow Blind curv -14-3373 came from the side of ther, the driver of both the vehic ollided with each other. As a res

JAB AND HARYANA ARH

AO-1730-2006 (O&M) ate of Decision : 21.10.2024

....APPELLANTS S

....RESPONDENTS EEPTI SHARMA ance Company. h nt Nos.4 and 5. rred by the claimants/appellants he learned Motor Accident Cla vide award dated 08.08.2005 un whereby, the claimants/appella 0/- along with interest @ 9% t on on 30.7.01 Bhagwan Sin No. HP-25-0792 for going to Nog ting near window of the driver si ve Bathol Dharampur, then a tru f Dharampur and in the process cles failed to maintain a distance sult of the impact, Bhagwan Sin

for ims nder ants per ngh gali ide. uck e in

suffered head in his head. Bhagw

3.

Up the factum of co

4.

Fro issues:-

5.

Aft record, the learn alongwith inter present appeal f SUBMISSIONS

6.

The amount assessed njuries as the window panes of t wan Singh died on the spot due to on notice of the claim petition, ompensation. om the pleading of the parties, "1. Whether Bhagwan Singh place on 30.7.01 at about 6 near Chow Blind Curve Bath & negligent driving of bus N 14-3373 by their respective owned by respondents no.4 a

¶2If issue no.1 is proved wh amount as compensation, whom? OPP

¶3Whether respondent no.1 licence at the time of acciden

¶4Relief." ter taking into consideration th rned Tribunal awarded compens est @ 9% per annum. Hence for enhancement of compensation S OF THE COUNSELS e learned counsel for the claim d by the learned Tribunal is on t

the bus were broken and hit agai o grievous injuries suffered by hi , respondents appeared and den the Tribunal framed the follow h died in a road accident which t

6.45 a.m. on national highway n hol, Dharampur on account of r No. HP-25-0792 and truck No. H drivers i.e. respondents no.1 & and 2 respectively? OPP hether claimants are entitled to a if so, to what amount and fr 1 was not holding a valid driv nt if so, its effect? OPR-3 he pleadings and the evidence sation to the tune of Rs.3,14,20 the claimants/appellants filed n awarded by the Tribunal. mants-appellants contends that the lower side. He further conte

inst im. nied wing ook no.2 rash HP-& 5, any rom ving on 00/-

that the learned amount has bee contends that th lower side.

7.

Per Tribunal vide compensation.

8.

I h record of this ca

9.

A p income of the d by Union Territ 16, however, ac multiplier shou prospects and l funeral expense indulgence of th SETTLED LAW

11.

Ho Transport Corp down the law o are as under:- "30 per ind Tribunal erroneously applied m en granted for future prospects e compensation for loss of conso r contra, learned for the resp award dated 08.08.2005 has have heard learned counsel for ase. perusal of the award indicates deceased at Rs.2400/- per month tory of Chandigarh. Further the ccording to the law settled by Ho uld be 18. Furthermore, no a loss of estate and the sum aw es are also on the lower sid his Court. W ON COMPENSATION n'ble Supreme Court in the poration and Another [(2009) 6 on assessment of compensation

¶0Though in some cases the rsonal and living expenses is dicated in Trilok Chandra, th

multiplier of 16 instead of 18 and and for loss of estate. He furt ortium and funeral expenses was pondents argues that the learn rightly assessed the amount the parties and perused the wh that the Tribunal has assessed h as per minimum wages prescrib e Tribunal applied the multiplier on'ble Apex Court, the appropr amount was calculated for fut warded for loss of consortium de. Therefore, the award requi case of Sarla Verma Vs. De 6 Supreme Court Cases 121], l and the relevant paras of the sa e deduction to be made towa calculated on the basis of un he general practice is to ap

d no ther s on ned of hole bed r of iate ture and ires elhi laid ame ards nits

stan dec was dep num whe

¶31par bac exp mo get par to e and be con bec be only wou and ndardised deductions. Having cisions of this Court, we are of s married, the deduction toward e deceased, should be one-thir pendent family members is 2 t mber of dependent family memb ere the number of dependent fam Where the deceased was a ba rents, the deduction follows a chelors, normally, 50% is d 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 b evidence to the contrary, the fath d will not be considered as a de considered as a dependant. I ntrary, brothers and sisters will cause they will either be indepe dependent on the father.

¶2Thus even if the deceased is ly d the mother would be consid uld be treated as the personal a d 50% as the contribution to the

a considered several subsequ f the view that where the decea ds personal and living expenses rd (1/3rd) where the number to 3, one-fourth (1/4th) where bers is 4 to 6, and one-fifth (1/5 mily members exceeds 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 be cut drastically. Further, subj her 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, survived by parents and siblin dered to be a dependant, and 5 and living expenses of the bache e family. However, where the fam

uent ased r of 5th) d to ving end f his ject ome will nts, , or ngs, 50% elor

of t as you exp wil *

¶42men Sus an 25 y to 3 for uni to 6

12.

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

(A) mu

(B)

(C) the bachelor is large and depend in a case where he has a wido 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 Chandr operative multiplier of 18 (for th years), reduced by one unit for e 30 years, M-16 for 31 to 35 yea 41 to 45 years, and M-13 for 4 its for every five years, that is, M 60 years, M-7 for 61 to 65 years 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

dent on the income of the deceas owed 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 ra and Charlie), which starts w he age groups of 15 to 20 and 21 every five years, that is M-17 for ars, M-15 for 36 to 40 years, M 46 to 50 years, then reduced by M-11 for 51 to 55 years, M-9 for and 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;

sed, r of ving mily e as ying with 1 to r 26 M-14 two r 56 pany nder wing

(D) esta

(E) age The ) Reasonable figures on con ate, loss of consortium and funer ) 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

nventional heads, namely, loss ral expenses, with escalation; 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 nk interest, escalation of rates noticed. The court cannot rem re has been a thumb rule in t 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

of rent find has loss fers The t be e an said ve a fact s in main this in ied, ncy nals

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 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%. actual 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

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 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, Actual salary should be read 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

able 000, of hink ave very 0% ause % of ture was ould ars. d as ixed d be ars.

¶13Insuranc Others [2 Pranay S paras of th 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 1 amounts should be enhanced years." Hon'ble Supreme Court in ce Company Limited Vs. Na 2018(18) SCC 130] after consi Sethi (Supra) has settled the law he same are reproduced as under "21. A Constitution Bench o with the various heads und awarded in a death case. consortium. In legal parlanc

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 n the case of Magma Gene anu Ram alias Chuhru Ram dering Sarla Verma (supra) w regarding consortium. Relev r:- of this Court in Pranay Sethi² de der which compensation is to One of these heads is loss ce, "consortium" is a compendi

sary for hall ave ying Rs said hree eral & and vant ealt be of

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 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

"spousal consortium", "paren nsortium". The right to consorti y, 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 ion, 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 eir love, affection, companions unit. l prism reflecting changing nor h of actual relationships. Mod ve recognised that the value o

ntal ium nce, his xual ghts ows any, very aid, and to An and test me. ship rms dern

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 vict genuine claims. In case wh child, or unmarried son or d be awarded loss of conso consortium. Parental conso 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.

- 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

Most ded hild. loss ased d at inor d to filial who t. A unt. s on ilial ium tion and

CONCLUSION

14.

In above referred

08.08.2005 is enhanced compe Sr. No. M F D ex

4. T M A L F L P S F

T

A

E

15.

So Court in Dara S and R.Valli and Supreme Cour 9% per annum o the date of its re N view of the law laid down by to judgments, the present app modified accordingly. The ap ensation as per the calculations m Heads Monthly Income uture prospects @ 40% Deduction towards pers xpenditure Total Income Multiplier Annual Dependency Loss of Estate uneral Expenses Loss of Consortium arental : Rs.48,000/- x 2 pousal : Rs.48,000/-x1 ilal: Rs.48,000/-x1 Total Compensation Amount Awarded by the Tribu Enhanced amount far as the interest part is conce Singh @ Dhara Banjara Vs. Shy d Others VS. Tamil Nandu State rt Cases 107, the appellants-cla on the enhanced amount from th ealization.

- the Hon'ble Supreme Court in peal is allowed. The award da ppellants-claimants are entitled made here-under:- Compensation Awarded Rs.2400/- Rs.960/- (40% of 2400) sonal Rs.840/- [1/4 of (2400+96 Rs.2520/- (3360-840) Rs.5,44,320/- (Rs.2560/- x 12 x 18) Rs.18,000/- Rs.18,000/- Rs.1,92,000/- Rs.7,72,320/- nal Rs.3,14,200/- Rs.4,58,120/- erned, as held by Hon'ble Supre yam Singh Varma 2019 ACJ 31 te Transport Corporation (2022 aimants are granted the interest he date of filing of claim petition

ated d to d 0)] eme 2) 5 t @

16.

Sin has been modifi of compensatio enhanced amou period of two m enhanced amou claimants/appell claimants/appell Tribunal.

17.

Dis

18.

Pen

October 21, 202 A.Kaundal

Whether s

Whether r nce in the connected appeal filed ied to the extent that respondent on. Therefore, respondent No.4 nt of compensation along with months from today. The Tribuna unt of compensation along with lants as per ratio settled in t lants are directed to furnish sposed of accordingly. nding applications, if any, also st

(

speaking/non-speaking : Speakin reportable

: Yes/No

- d by the Insurance Company aw t-HRTC is liable to pay the amo -HRTC is directed to deposit interest with the Tribunal withi al is further directed to disburse interest in the accounts of all the award dated 08.08.2005. T the bank account details to tand disposed of. (SUDEEPTI SHARMA) JUDGE ng

ward ount in a