HARPREET KAUR Vs. MOHINDER YADAV

JUDGEMENT

(1.) Present appeal has been filed by the claimants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Barnala (hereinafter referred to as the 'Tribunal') on account of death of Jagjit Singh vide award dated 25.01.2007.

(2.) Learned Tribunal on considering the evidence on record, facts and circumstances of the case concluded that Jagjit Singh died in the accident which took place on 29.09.2004 due to rash and negligent driving of the offending truck/trailer bearing registration No.HR-37/1656 by respondent No. 1. This finding of the learned Tribunal has attained finality. Learned Tribunal awarded a sum of Rs.6,60,000/- with interest at the rate of 6% per annum from the date of filing of the claim petition till date of actual realisation of the award. Income of the deceased was assessed as Rs.95,000/- per annum. Deduction of 1/3rd was effected, keeping in view the number of dependants. Multiplier of 15 was applied as the deceased was 35 years old at that time. A sum of Rs.15,000/- was awarded on account of funeral expenses.

(3.) There is no dispute that Jagjit Singh lost his life in a motor vehicle accident, which took place on 29.09.2004 caused due to the rash and negligent driving of truck/trailer bearing registration No. HR-37/1656 by respondent No.1. It is a matter of record that the deceased was 35 years old at the time of the accident, his date of birth being 05.04.1969. The deceased was admittedly an agriculturist. His income has been assessed on the basis of J-Forms produced by the claimants. I do not find any ground whatsoever to assess income of the deceased to be more than Rs.95,000/- per annum as has been assessed by the learned Tribunal. There is no evidence on record that the deceased had any other source of income apart from that derived through agriculture. However, in view of the guidelines of the Hon'ble Supreme Court in the case of National Insurance Company Limited versus Pranay Sethi and others 2017 (4) RCR (Civil) 1009, increase on account of future prospects at the rate of 40% (Rs.38,000/-) has to be afforded, as the deceased was 35 years old at the time of accident, which takes income of the deceased to Rs.1,33,000/- per annum. In view of the guidelines laid down by the Hon'ble Supreme Court in case of Smt. Sarla Verma and others Versus Delhi Transport Corporation and another 2009 (3) RCR (Civil) 77, deduction of 1/4th instead of 1/3rd is to be applied as number of dependants is four (4), thereby rendering income of the deceased to be Rs.99,750/- (133000-33250). Applying a multiplier of 16 instead of 15, dependancy of the claimants is assessed as Rs.15,96,000/- (Rs.99,750x16). A sum of Rs.15,000/- on account of funeral expenses is maintained. The claimants are also entitled to Rs.15,000/- for loss of estate. Appellant No. 1/ widow is entitled to Rs.40,000/- on account of loss of consortium. Appellants No. 2 to 4 are entitled to consolidated sum of Rs.1,00,000/- on account of loss of parental and filial consortium. Reference in this regard can gainfully be made to the judgments of the Hon'ble Supreme Court in Magma General Insurance Company Limited versus Nanu Ram Alias Chuhru Ram and other 2018 (4) RCR (Civil) 333 and Vimla Devi and others v. National Insurance Company Ltd. and anr., 2019(1) RCR(Civil) 86.