FAO No.4917 of 2008 (O&M) [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
FAO No.4917 of 2008 (O&M)
Decided on : August 03, 2009
Birmati and others … Appellants
VERSUS
Mohd. Rashid @ Kalu Ram and others … Respondents
CORAM : HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mrs.Varsha Gahlawat, Advocate for the appellants.
Mr.Paul S.Saini, Advocate for
respondents No.3 – Insurance Company.
A.N.JINDAL, J.-
This appeal for enhancement of compensation is directed
against the award dated 28.5.2008 passed by Motor Accident Claims
Tribunal, Rohtak, whereby, the claimants/appellants (herein referred as ` the
claimants’) were awarded a sum of Rs.4,00,000/-, on account of the death
of Mehar Singh, aged about 55 years in a motor vehicle accident.
Without challenging the multiplier method, they have only
urged that the income of the deceased has not been assessed properly at the
time of assessing the compensation. It is also contended that on the other
heads as well, meagre compensation was awarded.
Heard.
The deceased being posted in the Co-operative Sugar Mills,
Rohtak was drawing salary of Rs.7227/- per month. He was 55 years old at
FAO No.4917 of 2008 (O&M) [2 ]
the time of death. However, since, it was seasonal industry, therefore, in off
season, he was paid only Rs.3613/- per month i.e, half salary. In this
manner, it appears that the Tribunal has rightly calculated the income at
Rs.65,000/- per annum and after deducting 1/3rd of the amount as self-
expenses, the net dependency comes to be Rs.43,360/-, per annum and after
applying multiplier of 9, net compensation comes to Rs.3,90,340/-.
Learned counsel for the claimants has urged that during the off
season, the deceased being an agriculturist and having a tractor must be
earning sufficient income to pull on his family, but in the absence of any
evidence, it is difficult to hold that he had been doing extra work in the off-
season period. Thus, finding no fault with the observations of the Tribunal,
the argument of the claimants is not sustained. However, the Tribunal
appears to have not made any justification while assessing Rs.2,000/-
towards funeral expenses, Rs.2500/- towards loss of estate and Rs.5,000/-
for the loss of consortium, which appear to be too meagre. Moreover, no
amount has been awarded on account of transportation of the dead body, as
such, the compensation deserves to be paid or enhanced on the aforesaid
heads.
Consequently, the claimants are held entitled to Rs.10,000/- on
account of funeral expenses, Rs.10,000/- on account of loss of estate,
Rs.10,000/- on account of loss of consortium and Rs.5,000/- on account of
transportation charges, over and above the awarded amount.
Accordingly, the appeal is partly allowed with the above
modification in the impugned award. However, it is directed that the
enhanced amount shall be paid to the claimants within 45 days of the
FAO No.4917 of 2008 (O&M) [3 ]
receipt of a certified copy of this order by the respondents, failing which the
claimants would be entitled to interest on the enhanced amount at the same
rate as awarded by the Tribunal.
August 03, 2009 ( A.N.JINDAL ) `gian' JUDGE
