High Court Punjab-Haryana High Court

Ravinder Pal Singh & Another vs Surinder Kumar And Others on 9 December, 2008

Punjab-Haryana High Court
Ravinder Pal Singh & Another vs Surinder Kumar And Others on 9 December, 2008
IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH

                                   FAO NUMBER 680 OF 2000

                                   DECIDED ON :         -12-2008

Ravinder Pal Singh & another

                                                 ....Appellants

                     versus

Surinder Kumar and others

                                                 ....Respondents

AND

FAO NUMBER 681 OF 2000

DECIDED ON : 09-12-2008

Ravinder Pal Singh & another

….Appellants

versus

Surinder Kumar and others

….Respondents

CORAM : HON’BLE MR.JUSTICE K KANNAN

Present: Shri Parveen Kataria, Advocate, for the petitioners

Shri R.M.Suri, Advocate, for the Insurance Co.

K KANNAN J

I The Accident

1.FAOs Nos.680 and 681 of 2000 are taken up together with the consent of

both the parties since they arise out of the same accident. FAO No. 680 of 2000 is

against the decision in MACT Case No. 91 of 1994 and FAO 681 of 2000 is against the

judgement in MACT Case No.92 of 1994. In the motor accident that took place on 16-

07-1994, Bhupinder Singh was driving Maruti Car No. PB-10K-7773 and his father

Harcharan Singh was travelling with him in the said car. Both of them died in the

accident in collision with the truck bearing No.PCR-8422. The petitioners before the

Tribunal were the wife and children of Harcharan Singh. The two claim petitions were

filed as dependents of both Harcharan Singh and Bhupinder Singh. The widow of

Harcharan Singh ( the mother of petitioners Nos. 2 and 3) also died during the pendency

of the appeal on 21-09-1995 and the case was prosecuted only by the petitioners Nos. 2

and 3.

FAO 680 of 2000 –2–

II Evidence regarding status and income

2.Before the Tribunal, evidence was adduced to the effect that the father

and the brother were both doing business as contractors and they had a lucrative

income out of their respective work as contractors with the Government. Evidence had

also been tendered before the Tribunal that both the deceased persons had been

paying income tax. Income tax deducted at source and the TDS certificates issued by

the Government when it had availed the services of the deceased persons, had been

produced. There was also evidence that the father was earning per month

Rs.13,709.04p and Rs.14867.57p during the year 1991-1992 and 1992-1993

respectively. The income-tax practitioner had been examined as AW4 relating to

income of Harcharan Singh and Bhupinder Singh. Even apart from the income from

their business in doing contracts by the Government, evidence had been tendered to the

effect that the father was cultivating the land on lease and was paying lease amount of

Rs.3500/-per acre per year. The lease deed had been marked as Exhibit A8. The

appellants’ contention in oral evidence was that the father was earning at least

Rs.25,000 to Rs.30,000/-per month and the brother Bhupinder Singh was earning

between Rs.15,000 to Rs.20,000/-per month. The T.D.S.Certificates for the father had

been marked as Exhibits A2 to A11 while the T.D.S. Certificates for the brother had

been marked as Exhibits A17 to A20.

III Dispensation at the Tribunal:

3. The Trial Court found that the evidence produced by the appellants

regarding the income of the deceased stood unrebutted but all the same ,

that the contribution of the family could have been only Rs.3000/-per

month and reckoned the annual dependency of children to be

Rs.36,000/-. The Tribunal applied a multiplier of “10” and awarded

compensation of Rs.3,60,000/-as the amount payable to the appellants

for the death of the father. While considering the compensation arising

out of the death of the brother, the Tribunal took note of the fact that his

own contribution towards the family would have fallen after his marriage if

he had been alive and that he would have contributed Rs.800/-per month

to the appellants. Their annual dependency was calculated at Rs.9600/-

and multiplier of “16” had been adopted to arrive at Rs.1,53,600/-as

compensation payable.

FAO 680 of 2000 –3–

IV Claims for enhancement, how justified:

4.The appellants seek for enhancement in both the cases. Counsel for the

appellants contends on the finding of the Tribunal that the income of the deceased

person stood unrebutted, it ought to have taken the income as stated in the petition and

the dependency calculated at Rs.3000/-per month was grossly low. In a similar way, the

counsel also contended that the contribution of the brother to the family as assessed at

Rs.800/-per month was also grossly low and the compensation arrived at was

erroneous. Counsel for the respondent supports the judgement of the Tribunal by

pointing out that the dependency at Rs.3000/-had been reckoned only on the basis that

the monthly income would have been only Rs.4500/-and the appellants not having put in

evidence the best material by producing the income tax returns the assessment orders

cannot merely rely on the T.D.S.Certificates for boosting their claims. He would also

submit that the assessment of compensation for the death of the brother was also

realistic that the appellants cannot duplicate their claim after making a claim for the

death of the father .If they had been depending on the father, they could not be said to

be dependent on the brother for their living. According to him, the award of

compensation of Rs.1,56,300/-for the death of the brother was more than adequate.

5.It is an unfortunate situation where the appellants who are young in

age who were minors at the time of presentation of the petition, had become orphans

by the death of their mother during the time of the trial. The appellants took trial at a

time when their father had died, their eldest brother had also met the same fate and

their mother had died a natural death. I see significant force in the contention of the

counsel for the appellants that when the Tribunal found that there was uncontroverted

evidence regarding the income of the deceased persons, the Tribunal could not have

taken only Rs.3000/-as contribution to the family arising out of the death of the father.

The Tribunal had also not taken note of the income from agricultural operations which

their father had been shown to have carried out by production of lease deed. It is no

doubt true that the income-tax returns have not been filed but filed the T.D.S.Certificates

and the tax deducted at source is a percentage of income and it is not difficult to assess

what could have been earned by the deceased father as brought out through evidence

of AW4 . There is no reason to doubt either the T.D.S.Certificates or the income charts

made by the income-tax practitioner and produced in court evidence as Exhibit A21 to

A22. The monthly income of the father had been shown as ranging between Rs.13,000
FAO 680 of 2000 –4–

to Rs.14,800/-. Having regard to the fact that the father would have under the normal

circumstances lived long enough to support the family and bring up the children he

could have earned at least Rs.15,000/-per month and the father would have contributed

at least Rs.5000/-towards the children . Given the social and cultural traits of Indian

families, the contribution of the elder brother cannot be doubted. I assess the

dependency of the appellants on their elder brother at Rs.1500/-per month. The choice

of multiplier by the Tribunal at “10” is on the lower side, even less than what is set out in

Schedule-II to the Motor Vehicles Act. The relevant multiplier given under the Schedule

is “13” for a person between 50-55, I take the appropriate multiplier to be “12” in view of

the fact that the income more than what is set out in the Schedule. The compensation

towards their extent of dependence of their father is estimated at

Rs.5000x12x12=7,20,000/-. As regards the claim of the appellants as dependent upon

their brother while increasing the amount to Rs.1500/-per month, I deem it necessary to

reduce the multiplier from “16” to 10, having regard to the fact that the brother would

have got married and his contribution to the family would have reduced. I cannot,

however, assume that the brother would not have contributed to the family and that his

father would have alone done the same. Assuming that the brother would have played

an important role in supporting the family offering emotional and physical support to his

younger siblings, the appropriate amount that would be payable on account of the death

of the brother comes to be Rs.1500x12x10=1,80,000/-. As regards the father’s death,

the Tribunal has already awarded Rs.3,60,000/-and the appellants would be entitled to

an additional sum of Rs.3,60,000/-being the dependents . As regards the claim in

respect of the death of their brother, the appellants would be entitled to difference

between Rs.1,80,000/-and Rs.1,53,600/- i.e. Rs.26,400/-rounded to Rs.27,000/-. Even

apart from the above, the petitioners would also be entitled to Rs.20,000/-towards loss

of love and affection of their father.

V Result:

6.Under the circumstances, the appellants would be entitled to an

additional compensation of Rs.3.80 lacs (Rs.three lakhs eighty thousand only) with

simple interest @ 7.5% per annum from the date of filing of the petition till the date of

payment as regards their claim in FAO 680 of 2000 and an additional sum of

Rs.27,000/-{Rs.twenty seven thousand only) with interest at the rate of 7.5% per annum

due to the death of their brother which is the subject matter of appeal in FAO 681 of

2000.

FAO 680 of 2000 –5–

7.Both FAOs Nos. 680 and 681 of 2000 are allowed partially in the above

terms.

Sd/-

{K Kannan}
Judge
09-12-2008

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