Urmila and Ors v. Jaswant Singh and Anr

IN

Urmila and Oth

Jaswant Singh

CORAM: HO

Present: Mr

Mr

SUDEEPTI SH

1.

The

15.05.2007 pas Vehicles Act, 1 short, 'the Tr claimants/appell FACTS NOT IN

2.

The Bahadur was go meal at a hotel n National Highw from the side of manner, struck a road and suffere

N THE HIGH COURT OF PUN

AT CHANDIG

FAO-3379-2007

Date of Decisio hers

Vs.

and another

ON'BLE MRS. JUSTICE SUDE r. Akash Vashisth, Advocate for th r. Suvir Dewan, Advocate for the

---- HARMA J. (ORAL) e present appeal has been pr sed in the claim petition filed 988 by the learned Motor Acci ibunal') for enhancement of lants, who are the family membe N DISPUTE e brief facts of the case are oing on his scooter bearing regist near Exide Factory. When he rea way No.8, a Tata Spacio bearing r f Bawal, which is the wrong side against the scooter of Raj Bahad ed injuries on vital parts of his

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

......Appellant(s)

......Respondent(s) EEPTI SHARMA he appellants. e respondent – Insurance Co. referred against the award da d under Section 166 of the Mo ident Claims Tribunal, Rewari ( f compensation granted to ers of Raj Bahadur (deceased) that on 07.07.2005 deceased-tration No.HR-36A-1415 for tak ached near YKK factory situated registration No.RJ-14-T-6440 ca e being driven in rash and neglig dur. Raj Bahadur fell down on body. He was brought to Biren

ated otor (for Raj king d on ame gent

Hospital, Rewa Hospital, Delhi with the police offence punisha was spent on hi Bahadur was 35 Jeet Builders. H

3.

Up the factum of co

4.

Fro issues:-

5.

Aft record, the lear

ari. He had also remained u where he ultimately died on 08. Station, Kasola by way of FIR able under Section 279, 337, 33 is treatment. It was further stat 5 years of age and was working He was earning Rs.7,000/- to Rs. on notice of the claim petition, ompensation. om the pleadings of the parties,

¶1Whether the accident Raj Bahadur son of Shri Dh rash and negligent driving o its driver/respondent No.1? O

¶2Whether the petitione account of death of Raj Bah from whom? OPP

¶3Whether respondent N effective driving licence at t alleged? OPR 3 & 4.

¶4Whether the insuranc compensation on the grou statement? OPR-3 & 4.

¶5Relief.

ter taking into consideration th rned Tribunal awarded compens

under treatment at Jaipur Gold

08.2005. A case was got registe R No.97, dated 26.07.2005 for 8 IPC. A sum of rupees three l ted that at the time of incident as Manager/Site Incharge with M 8,000/- per month. , respondents appeared and den the Tribunal framed the follow in question resulting into death han Singh took place on account of Tata Spacio No.RJ-14T-6440 OPP. ers are entitled to compensation hadur and if so to what amount No.1 was not holding a valid the time of accident in question ce company is not liable to p unds as alleged in the writ he pleadings and the evidence sation to the tune of Rs.7,05,50

den ered r an lacs Raj M/s nied wing h of t of by n on and and , as pay tten on 00/-

alongwith inter present appeal f SUBMISSIONS

6.

The amount assessed that no amount conventional He lower side.

7.

Per however, vehem of compensation

8.

I h record of this ca

9.

A p the income of d for future pros conventional h interference by t SETTLED LAW

10.

Ho Transport Corp down the law o are as under:-

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 was granted for future prospect eads i.e. funeral expenses, loss 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 deceased as Rs.4000/- per month spects as per the settled law eads is also on lower side. this Court. W ON COMPENSATION n'ble Supreme Court in the poration and Another [(2009) 6 on assessment of compensation

the claimants/appellants filed n awarded by the Tribunal. mants-appellants contends that the lower side. He further conte ts and compensation granted un of estate and consortium is on 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 rightly asses h. Further, no amount was gran w and compensation awarded Therefore, the award requi case of Sarla Verma Vs. De 6 Supreme Court Cases 121], l and the relevant paras of the sa

nds nder any, ount hole ssed nted for ires elhi laid

"30 and Tri ded Cou ded sho mem fam dep

¶31par bac exp mo get par evid and be con bec be d th be 50% in you

¶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.

¶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

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, 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

onal d in ised this sed, mily dent r of d to ving end f his ct to ome will nts, , or only ould and y of d, as r of

exp wil *

¶42men Sus ope yea for yea

11.

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

(A) mu

(B)

(C)

(D) esta

(E) age The

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 ) 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

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; 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

mily e as ying h an o 25 6 to for nits o 60 pany nder wing mine of rent find has

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 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

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 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

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% ause % of ture was

¶12Insuranc Others [2 Pranay S paras of th

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." 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

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 n the case of Magma Gene anu Ram alias Chuhru Ram idering Sarla Verma (supra) w regarding consortium. Relev r:-

ars. tual ixed d be ars. e of sary 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 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

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 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

ealt be of ious ntal ium nce, his xual ghts ows any, very aid, and to An and test me. ship rms dern of a Most

CONCLUSION

13.

In above referred

15.05.2007 is enhanced compe Sr. No. M Fu

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. 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%

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 the Hon'ble Supreme Court in peal is allowed. The award da ppellants-claimants are entitled made here-under:- Compensation Awarded Rs. 4000/- Rs.1600/- (40% of 4000)

hild. loss ased d at s of inor d to ilial who t. A unt. s on ilial ium tion and loss ated d to d

De ex

¶4To M An Lo Fu Lo Pa Sp Fi

9. M

To

Am Tr

En

14.

So Court in Dara S and R.Valli and Supreme Court per annum on th date of its realiz

15.

Res the enhanced am a period of two enhanced amou claimants/appell

eduction towards persona xpenditure otal Income Multiplier nnual Dependency oss of Estate uneral Expenses oss of Consortium arental : Rs. 48,000/- x3 pousal : Rs. 48,000/-x1 ilial : Rs. 48,000/-x2 Medical Expenses 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 he enhanced amount from the da zation. spondent No.3 – Oriental Insura mount of compensation along wi months from today. The Tribuna unt of compensation along with lants as per ratio settled in t

al Rs.1400/-[1/4 of (4000+1600)] Rs.4200/-(5600-1400) Rs.8,06,400/-(4200 x 12 x 16) Rs.18,000/-Rs.18,000/-Rs.2,88,000/-Rs.1,20,000/-Rs. 12,50,400/-Rs. 7,05,500/-

Rs.5,44,900/- erned, as held by Hon'ble Supre yam Singh Varma 2019 ACJ 31 e Transport Corporation (2022 mants are granted the interest @ ate of filing of claim petition, till ance Company is directed to dep ith interest with the Tribunal wit al is further directed to disburse interest in the accounts of all the award dated 15.05.2007. T

) eme 2) 5 9% osit thin

claimants/appell Tribunal.

16.

Dis

17.

Pen

September 19, tripti

lants are directed to furnish t sposed off accordingly. nding applications, if any, also st

(S

2024 Whether speaking/non-speak

their bank account details to tand disposed of. SUDEEPTI SHARMA) JUDGE king : Speaking : Yes