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THE STATE OF PUNAB & ORS versus SWARAN KANTA & ORS

High Court of Punjab and Haryana, Chandigarh

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THE STATE OF PUNAB & Ors v. SWARAN KANTA & Ors - FAO-197-1987 [2006] RD-P&H 4752 (25 July 2006)

FAO No.197 of 1987 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CASE NO.: FAO No.197 of 1987

DATE OF DECISION: July 12, 2006

THE STATE OF PUNAB AND OTHERS ...APPELLANTS VERSUS

SMT. SWARAN KANTA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
PRESENT: MR. C.M. MUNJAL, SR. ADDL.A.G, PUNJAB.

ASHUTOSH MOHUNTA, J. (ORAL)

The State of Punjab has filed the present appeal against the award passed by the Motor Accident Claims Tribunal, Chandigarh dated 9.9.1986, by which the compensation of Rs.1,58,000/- with 12% interest per annum was awarded in favour of the respondent-claimants.

On 13.1.1984, at about 3.15 p.m. one Kuldip Singh Mehta was going from village Dhanas towards Batra cinema. A bus belonging to Punjab Roadways was coming from Mohali towards Chandigarh. It is alleged that the bus was driven at a very high speed and it struck against the motorcycle, as a result of which Kuldip Singh Mehta suffered serious injuries and he was removed to PGI where he died. The FAO No.197 of 1987 2

claim petition was filed by his widow and three minor children wherein the compensation of Rs.8 lacs was claimed. It was contended that the deceased was 44 years of age and was earning Rs.3000/- per month. The Motor Accident Claims Tribunal, Chandigarh found that the accident had taken place due to the contributory negligence of both the persons i.e., the driver of the bus as well as the deceased and, therefore, the claimants were held entitled to 50% of the compensation for the death of the deceased. As far as the quantum of compensation is concerned it has come in evidence that the deceased was an employee of the Life Insurance Corporation and was drawing monthly salary of Rs.2466/- per month. The deceased was 44 years of age on the date of the accident. The deceased could have served the department for a period of 16 years more as the retirement age of an employee of the Life Insurance Corporation is 60 years. Therefore, the Tribunal after deducting 1/3rd

amount for personal expenses determined the dependency of the claimants to be Rs.1600/- per month i.e., Rs.19,200/- per annum. A multiplier of 16 was applied and consequently, the compensation was worked out to be Rs.3,07,200/-. As only 50% was awarded to the claimants because of the contributory negligence, therefore, a total compensation of Rs.1,53,000/- was worked out. Another sum of Rs.5000/- was awarded for medical expenses, treatment and funeral expenses and therefore, the net compensation awarded to the claimants was Rs.1,58,000/-.

Mr. C.M. Munjal, Addl. A.G., Punjab contends that the multiplier applied in the present case is highly excessible as the deceased was 44 years of age.

FAO No.197 of 1987 3

After going through the facts of the present case, it is clear that the deceased had 16 years of service left. Moreover, he has left behind a wife and three minor children. The compensation awarded is in fact on the lower side as nothing has been awarded to the claimants because of loss of consortium. In view of the above, I find no merit in the present appeal and the same is dismissed.

July 12, 2006 (ASHUTOSH MOHUNTA)

Gulati JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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