Jasbir Singh and another and Rupa and others V. Shri Abhay Passi and others

FAO/5278/2018

AI Insights

The case involves two appeals (FAO 5278 of 2018 and FAO 5320 of 2018) arising from a motor vehicular accident that resulted in the death of Rohitash Kumar on 22.12.2015. The Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri, awarded a compensation of Rs.69,22,250 to the deceased's family, which was contested in the appeals. The appellants in FAO 5278 of 2018, the parents of the deceased, and the appellants in FAO 5320 of 2018, the widow and children of the deceased, sought enhancement of the compensation. The court, referencing recent Supreme Court judgments, found no grounds for increasing the compensation and upheld the Tribunal's decision on the distribution of the compensation amount among the family members.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 811045 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 23-05-2019
• Assessment Year: misc
• Other Referred Cases: National Insurance Company Limited v. Pranay Sethi and others, Sebastiani Lakra and others vs. National Insurance Company Limited and another
• Laws Referred To: National Insurance Company Limited v. Pranay Sethi and others, 2017 SCC 1270, Sebastiani Lakra and others vs. National Insurance Company Limited and another, 2018 AIR (SC) 5034
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: RAMAN DHANDA; VIPUL SHERWAL; DEEPAK BASATIA
• Keywords: Compensation; Enhancement of compensation; Motor Accidents Claims Tribunal; Vehicular accident; Apportionment of compensation

Judgement Text

"FAO 5278 of 2018 and other connected matter 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Date of decision: 23.05.2019 FAO 5278 of 2018 Jasbir Singh and another .......Appellants versus Shri Abhay Passi and others ......Respondents FAO 5320 of 2018 Rupa and others ........Appellants Versus Shri Abhay Passi and others .......Respondents Coram: Hon'ble Mrs. Justice Rekha Mittal -.- Present: Mr. Raman Dhanda, Advocate for Mr. Vipul Sherwal, Advocate for the appellants (FAO 5278 of 2018) Mr. Deepak Basatia, Advocate for the appellants (FAO 5320 of 2018) -.- Rekha Mittal, J. (Oral) This order will dispose of aforesaid appeals as these have emerged out of the same award dated 12.12.2017 passed by the Motor Accidents Claims Tribunal, Yamuna Nagar at Jagadhri (in short, 'the Tribunal') whereby compensation has been assessed on account of death of Rohitash Kumar in a motor vehicular accident that took place on 22.12.2015. MOHAN LAL BIMBRA 2019.05.28 14:20 I attest to the accuracy and integrity of this document FAO 5278 of 2018 and other connected matter 2 FAO No. 5278 of 2018 has been filed by parents of the deceased whereas FAO 5320 of 2018 has been filed by widow and children of the deceased seeking enhancement of compensation. The Tribunal awarded Rs.69,22,250/-, detailed hereunder:- -Annual income of the deceased after deducting income tax Rs.5,15,600/- -Addition in income for future prospects 25% -Deduction for personal expenses 1/4th -Multiplier 14 -Loss of dependency Rs.67,67,250/- -Loss of consortium Rs.40,000/- -Loss of love and affection Rs.1,00,000/- -Expenses upon transportation Rs.15,000/- and last rites When the case is examined in the light of latest judgments of Hon'ble the Supreme Court National Insurance Company Limited v. Pranay Sethi and others, 2017 SCC 1270 and Sebastiani Lakra and others vs. National Insurance Company Limited and another, 2018 AIR (SC) 5034, there is no scope for allowing additional compensation. As such, plea of the claimants for enhancement of compensation is not meritorious and ordered to be rejected. Counsel for the appellants (in FAO No. 5278 of 2018) would contend that out of compensation assessed by the Tribunal, parents of the deceased have been paid only Rs.5,00,000.00 each, children of the deceased have been given Rs.10,00,000/- each but remaining amount has been paid to widow of the deceased. It is submitted that parents of the deceased may be allowed more compensation than what has been allowed by the Tribunal. MOHAN LAL BIMBRA 2019.05.28 14:20 I attest to the accuracy and integrity of this document FAO 5278 of 2018 and other connected matter 3 The deceased was married son of Jasbir Singh and Saroj Bala and he left behind family consisting of his widow aged 36 years and children aged 15 and 13 years. The widow of the deceased has an obligation to look after the children who lost their father at a very crucial stage. There is nothing on record suggestive of the fact that father of the deceased had any disability to render him dependent upon the married son. In the given circumstances, I do not find any reason to tinker with apportionment of compensation made by the Tribunal. As such, finding no merit, the appeals fail and are accordingly dismissed in limine. (Rekha Mittal) Judge 23.05.2019 Mohan Bimbra Whether speaking/reasoned: Yes/No Whether reportable : Yes/No MOHAN LAL BIMBRA 2019.05.28 14:20 I attest to the accuracy and integrity of this document "