2017(3) Law Herald (P&H) 2271 : 2017 LawHerald.Org 1307

IN THE HIGH COURT OF PUNJAB AND HARYANA

Before

Hon’ble Mr. Justice Raj Mohan Singh

FAONo.3105of2012

Gurmit Kaur & Anr.

v.

Jagjit Singh & Ors.

Decided on 12/07/2017

For the Appellants:                    Mr. Vivek Suri Advocate.

For the Respondent No.3:         Mr. Gopal Mittal, Advocate.

Motor Vehicles Act, 1988, S.166–Accident–Future Prospects-Amount calculated
towards future prospects is to be deposited in form of fixed deposit in some
nationalized bank and shall be paid to successful party after decision of reference
pending before Supreme Court.
                                                                 (Para 8)

CASES CITED:

1    R.K. Malik & Anr., v. Kiranpal & Ors., 2009 ACJ 1924 (Para 6)

  1. General Manager, Kerala State Road Transport Corp. v. Susamma Thomas, 1994 ACJ 1 (SC). (Para 6)
  2. Sarla Dixit v. Balwant Yadav, 1996 ACJ, 581 (SC). (Para 6)
  3. Lata Wadhwa v. State of Bihar, 2001 ACJ, 1735. (Para 6)
  4. Sarla Verma v. Delhi Transportation Corporation, 2009(3) Law Herald (SC) 2107. (Para 7)
  5. Amrit Bhanu Shali & Ors., v. National Insurance Company Ltd ., 2013(1) Law Herald (SC) 826. (Para 7)
    7 Vimal Kanwar & Ors., v. Kishore Dan & Ors., 2013(3) Law Herald (SC) 2154. (Para 7)
  6. Kishan Gopal v. Lala, 2013(5) Law Herald (SC) 4346. (Para 7)
  7. National Insurance Company Limited v. Pushpa & Ors., 2015(9) SCC 166. (Para 8)

JUDGMENT

 Mr. Raj Mohan Singh, J.: (Oral) – This is an appeal preferred by the claimants for

enhancement of compensation awarded by the Motor Accident Claims Tribunal (hereinafter to be referred as ‘the Tribunal’), Patiala.

  1. in case of death of Sukhjinder Singh @ Sukhwinder Singh son of Gurmail Singh aged 19
    years, who was working as a driver and also an electrician, the Tribunal has awarded total
    amount of Rs.1,65,000/- as compensation after fixing the notional income of the deceased to
    the tune of Rs.15.000/- per annum. The Tribunal held that the accident took place on account
    of rash and negligent driving of respondent No.1 and the vehicle was duly insured.
  2. At the time of preliminary hearing, notice was issued only to respondent 3-lnsurance
    Company as the liability was adjudged as joint and several. The factual matrix of the case is not
    in dispute. The deceased Sukhjinder Singh @ Sukhwinder Singh was working as a driver and
    also an electrician. Deceased was 19 years of age. The Tribunal applied multiplier of 14 on the
    basis of ages of the claimants while awarding the compensation in question.

4.  I have heard learned counsel for the parties.

  1. Evidently, the deceased was 19 years of age at the time of accident and was claimed to be a
    driver and an electrician, in the absence of any material on record, the deceased can be
    treated to be a daily wager against monthly salary of Rs.4,000/-.
  2. In the light of ratio laid down by the Hon’ble Apex Court in K. Malik and another v. Kiranpal
    and others, 2009 ACJ, 1924; General Manager, Kerala State Road Transport Corporation
    v. Susamma Thomas, 1994 ACJ 1 (SC); Sarla Dixit v. Balwant Yadav, 1996 ACJ, 581 (SC)
    and Lafa Wadhwa v. State of Bihar, 2001 ACJ, 1735, if monthly income i.e Rs.4,000/- as
    assessed by this Court of the deceased is added with the 50% towards future prospects,
    keeping in view the age of the deceased then, it comes out to be Rs.6,000/-. Since deceased
    was bachelor and survived by the claimants, therefore, 50% of the aforesaid amount is to be
    deducted in respect of personal expenses of the deceased and 50% as the contribution towards
    the family. In this way, the annual dependency comes out to be as Rs.36,000/- (3000 x 12).
  3. In view of ratio laid down in Sarla Verma v. Delhi Transportation Corporation, [2009(3)
    Law Herald (SC) 2107J: 2009 ACJ 1298 (SC) and Amrit Bhanu Shall and others v. National
    Insurance Company Ltd and others, /2013(1) Law Herald (SC) 826]; 2012(4) RCR (Civil)
    343, on the basis of age of the deceased, multiplier of 18 is to be applied. In this way
    assessment towards dependency comes out to be Rs.6,48,000/- (36,000 x 18). Then in view
    of Vimal Kanwar and others v. Kishore Dan and others, f2Q13(3) Law Herald (SC) 2154]
    : 2013(2) RCR (Civil) 945 and Kishan Gopal v. La/a, [2013(5) Law Herald (SC) 4346] :
    (2014) 1 SCC 244
    an amount of Rs.1,00,000/- can be assessed towards loss of love and
    affection and Rs.25,000/- towards funeral expenses. In this way, total amount of compensation
    comes out to be calculated as Rs. 7,73,000/- (6,48,000 + 1,00,000 + 25,000).
  4. Out of the aforesaid amount, the amount calculated towards future prospects, is to be deposited in
    the form of fixed deposit in some nationalized bank and shall be paid to the successful party after
    decision in case titled “National Insurance Company Limited v. Pushpa and others, 2015(9) SCC
    1
    66″by the Hon’bie Apex Court. The balance/enhanced amount shall be paid to the claimants along
    with interest @ 7.5% per annum from the date of filing of claim petition till realization of the amount.
  5. In view of aforesaid modification, the present appeal stands disposed of.