(O&M) Gurdev Kaur v. Amrik Singh and Ors

IN T

Gurdev Kaur Amrik Singh an

CORAM : HON

Present: Mr

Mr

Mr SUDEEPTI SH

1.

The passed by the le Tribunal), for e appellant, who i

2.

The on 16.05.2003 Harpreet Singh, car and they we PM when they r 0543 which wa

THE HIGH COURT OF PUNJ AT CHANDIGA -.-

FA Da

VERSUS nd Others

N'BLE MRS. JUSTICE SUDE r. Jaideep Verma, Advocate for th r. Gopal Mittal, Advocate for resp r. Naveen Sharma, Advocate for -.-

HARMA, J. (Oral)

e present appeal has been filed a earned Motor Accident Claims enhancement of 5% share of is mother of the deceased. e brief facts of the case as ment Ajit Pal Singh was driving an Gurmail Singh and Satvinder Si ere going from Ghanauli toward reached near bridge of village B as being driven in rash and neg

JAB AND HARYANA ARH AO-3999-2006 (O&M) ate of Decision : 22.05.2024

....Appellant

....Respondents EEPTI SHARMA he appellant. pondent No.3. respondent Nos. 4 and 5. against the award dated 03.12.20 Tribunal, Rupnagar (for short, ' the compensation granted to tioned in the claim petition are t n Esteem Car No. HR-26-C-58 ingh were also travelling in the s ds Anandpur Sahib. At about 4 Beli Khad, tempo/truck No. HR-gligent manner by respondent N

'the that

¶855said

4.05 No.1

came from the o by the deceased injuries and he s very same day. 33 years of age per month. A Rs.25,00,000/- a

3.

Up

4.

Fro issues:-

¶1wh 62-brid

¶2hol

¶3join

¶4so,

5.

opposite direction and struck aga d. Due to this accident Ajit Pal succumbed to his injuries in the It is further mentioned in the c and was driver by profession. H ccordingly, claimants pleaded as compensation along with inter on notice, respondents appeared om the pleadings of the parties, Whether Ajit Pal Singh ha hich was caused by respondent N -0543 in a rash and negligent m dge of village Beli Khud? OPP. Whether at the time of ac lding valid and effective drivin .3. Whether the claim petition nder of necessary parties? OPR Whether the claimants are en to what extent and from whom? Relief.

ainst the car which was being driv Singh (deceased) sustained seri Hospital at Anandpur Sahib on laim petition that the deceased w His monthly income was Rs.6,00 d that they are entitled to rest. Hence this claim petition. d and denied the factum of claim. the Tribunal framed the follow as died in motor vehicle accide No.1, while driving tempo No.H manner on 16.05.2003 in the area ccident respondent No.1 was ng licence? If so, its effect? O n is bad for non-joinder and m ntitled to get any compensation ? OPP

ven ous was 00/- get . wing ent, HR-a of not OPR mis- ? If

5.

Lea should have bee future prospect Supreme Court & Ors. [(2017) granted, therefo future prospects been 16 instead

6.

Lea vehemently argu should be grante

7.

I ha record of this ca

8.

The "26 fav inte rea Pal dau am are

arned counsel for the appellant en awarded 20% of total compen s have been calculated as per in the case of National Insuran 16 SCC 680]. He further conte ore, he prays for the enhanceme s, consortium. He further subm of 15, as is determined by the Tr arned counsel for responden ues on the lines of the award a ed since the award has been righ ave heard the learned counsel fo ase with their able assistance. e relevant portion of the award is

¶6In claim petition no.65 an a vour of claimants No.1 to 4 and a erest rate of 6% P.A from the alisation. Claimant Harpreet K l Singh, is to run the house hold e total awarded amount. Cla ughter of the deceased, is ent ount. Claimant No.3 and 4, nam e entitled to get 5% each of the

contends that mother of decea nsation. He further contends that r law laid down by the Hon' ce Company Ltd. Vs. Pranay Se ends that consortitum has not b ent of the share as well as for mits that the multiplier should h ribunal. nt No.3 – Insurance Compa and contends that no enhancem tly passed. or the parties and perused the wh s reproduced as under:- award of Rs.3,62,000/- is passed against respondent Nos. 1 to 3 w e date filing of the petition till Kaur being widow of deceased A ld, so, she is entitled to get 50% aimant Navjot Kaur being mi titled to get 40% of the award mely, Gurdev Kaur and Bhag Sin e awarded amount. However,

ased t no 'ble ethi een have any ment hole d in with l its Ajit % of inor ded ngh,

sha Na ren her aga eac cop pet

9.

Ho Transport Corp down the law o are as under:- "30 per ind stan dec was dep num whe

are of minor claimant Navjot tionalized Bank, in the shape newed from time to time and th r attaining the age of majority. ainst the fixed deposit receipt. C ch in all the three claim petitions py of this award shall be placed titions." 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 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

Kaur shall be deposited in so of fixed deposit. Receipt to e same shall be payable to her . No loan etc, shall be advan Counsel's fee is assessed at Rs.50 s. Memo of costs be prepared. T d on the record of connected cla 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 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.

ome be r on ced 00/- The aim elhi laid ame ards nits pply uent ased s of r of 5th)

¶31par bac exp mo get par to e and be con bec be only wou and of t as you exp wil

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 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.

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 dent on the income of the deceas owed mother and large number brothers, his personal and liv third and contribution to the fam

d to ving end f his ject ome will nts, , or ngs, 50% elor mily sed, r of ving

*

¶42men Sus an 25 y to 3 for uni to 6

10.

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

(A) mu

(B)

(C)

(D) esta

(E) age The

*

* 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 ) 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

*

*

* 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; nventional heads, namely, loss ral expenses, with escalation; egories of persons and for differ ployed or fixed salary. nt is reproduced as under:-

e as ying with 1 to r 26 M-14 two r 56 pany nder wing mine of

"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

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 ms. It seems to us that reasona ads, namely, loss of estate, loss expenses should be Rs.15,0

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,

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 age of 50 to 60 years shou

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 uld be regarded as the necess

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

¶11Insuranc Others [2 Pranay S paras of th

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

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:-

for hall ave ying s of Rs said hree eral & and

"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

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 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

ealt be of ious ntal ium nce, his xual ghts ows any, very aid, and to An

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 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 conso lose their parents in motor few High Courts have awa However, there was no clari

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 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

test me. ship rms dern of a Most ded hild. loss ased d at s of inor d to filial who t. A unt.

12.

A consideration th the amount of c Tribunal i.e.50% daughter and 5% appellant and he and multiplier i contention of th multiplier is co concerned only requires enhanc Furthermore, los Rs.15,000/- as p Parnay Sethi an

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. perusal of the above shows th he responsibility and the depend ompensation and the division ha % of the total awarded amount t % each to both mother and fath er husband. In the present case t is calculated as 15 whereas it sh he learned counsel for the appell oncerned, the same is accepted Rs.2000/- has been granted, whi ement and Rs.13,000/- over and ss of estate has not been granted per law laid down by the Hon' nd Magma General Insurance

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 hat the Tribunal after taking i dency of all the claimants, awar as been rightly made by the learn o the widow and 40% to the mi her of the deceased i.e the pres the consortium has not been gran hould have been 16. So far as ant to the extent of consortium a d. So far as funeral expenses ich is also on the lower side. It a above is enhanced under this he d. That is also granted to the tune ble Supreme Court in the cases Company Limited (supra).

ilial ium tion and loss into ded ned inor sent nted and are also ead. e of

13.

In above referred

03.12.2005 is m enhanced compe Sr. No. M F D ex

4. T M A L F L P S F

T

A

E

14.

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

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/- pousal : Rs. 48,000/- ilial : Rs.48,000/- x 2 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 t Cases 107, the appellants-claim

the Hon'ble Supreme Court in peal is allowed. The award da ppellants-claimants are entitled made here-under:- Compensation Awarded Rs.3,000/- Rs.1200/- (40% of 3000) sonal Rs.1050/- [1/4 of (3000+1200)] Rs.3150 (4200-1050) Rs.6,04,800/- Rs.18,000/- Rs.18,000/- Rs.1,92,000/- Rs.8,32,800/- nal Rs.3,62,000/- Rs.4,70,800/- erned, as held by Hon'ble Supre yam Singh Varma 2019 ACJ 31 te Transport Corporation (2022 mants are granted the interest @

ated d to d eme 2) 5 @9%

per annum on th date of its realiz

15.

Sin Insurance Comp with the Tribun further directed interest in the ac year 2003 in the of the total awar (5% each) to bo her husband. T Petition No.65 judgment passed account details enhanced amoun dated 03.12.200

16.

Pen

May 22, 2024 tripti

Whethe

Whethe

he enhanced amount from the da zation. nce the other claimants have pany is directed to deposit the a nal within a period of two mo d to disburse the enhanced am ccounts of all the claimants in th e same ratio as was granted in th rded amount to the widow and 4 oth mother and father of the dec The Tribunal is directed to info filed in the year 2003, who ar d in the present appeal. Claiman to the Tribunal. Further, the T nt in their respective accounts a

¶05nding applications, if any, also st

(SU

er speaking/non-speaking : Speak er reportable

: Yes/N

ate of filing of claim petition till not approached this Court, awarded amount along with inter onths from today. The Tribuna mount of compensation along w he claim petition No.65 filed in he award dated 03.12.2005 i.e.5 40% to the minor daughter and 1 ceased i.e the present appellant orm the other claimants in Cla re not before this Court, about nts are directed to furnish their ba Tribunal is directed to disburse as per the ratio settled in the aw tand disposed off. UDEEPTI SHARMA) JUDGE king

rest al is with 50% 0% and aim ank