Roopwati vs Ram Kishan

ROOPWATI & ORS. ... APPELLANTS

Versus

RAM KISHAN & ORS. ... RESPONDENTS

JUDGMENT

Sudhanshu Dhulia, J.

1. This appeal is of the claimants, which arises out of the Impugned

Judgment dated 26.09.2018 by the High Court of Punjab & Haryana at

Chandigarh in an appeal against the order of Motor Accident Claims

Tribunal (for short, the “Tribunal”) dated 13.05.2013.

2. The accident occurred on 22.11.2010 when the deceased Hari

Ram was riding on a three-wheeler with his brother Dev Prasad from

Mitrol to Palwal, Haryana. The vehicle was being driven by

respondent no. 1, i.e., Ram Kishan and was insured with respondent

no. 3 (IFFCO TOKIO General Insurance Company LTD.). During the

journey an accident occurred and the vehicle was toppled which resulted in grievous injuries to the body of Hari Ram. He was taken to

the hospital but he succumbed to his injuries on the very next day on

23.11.2010. The claim petition was filed on his behalf by his wife, his

son and his mother. The Tribunal was of the opinion that the accident

did occur due to the rash and negligent driving by driver of the three-

wheeler. The vehicle was insured with respondent no.3 insurance

company and the liability was fixed on the insurance company by the

Tribunal. The award was made on the following: -

A Expenses incurred on the Rs.13,000/-

treatment of deceased during admission B Monthly income of the Rs.5,000/- deceased Hari Ram C After deducting 1/4th from Rs.3,750/- the monthly income of Rs.5000/- in view dependency of deceased, the amount comes to, D Annual Income of the Rs.3,750/- deceased 12= comes to x Rs.45,000/- E Multiplier of ‘9’ is to be Rs.45,000/- applied x 9 = Applied keeping in view the age of the deceased as 60 years as per Sarla Verma’s Rs.4,05,000/- case F Compensation on account of Rs.5,000/- last rites and transportation charges G Compensation towards loss Rs.5,000/- of estate H Compensation towards loss Rs.5,000/- of consortium The total amount of Rs.4,33,000/- compensation

3. The matter was taken in appeal by the High Court which after

considering the submissions of the Ram Kishan and respondent no.3

awarded them increased compensation on the opinion that the

multiplier should have been thirteen instead of nine and the Tribunal

was wrong in not granting any amount towards the future prospects.

4. Therefore, the High Court increased the compensation awarded

to Rs. 6,55,000/- with the amount to be given at the 7.5 % interest. The

change of multiplier was granted by the High Court as the age of the

deceased was wrongly recorded as 60 and was found to be 50 years,

based on scientific evidence. The High Court has also increased the

rate of interest from 7% to 7.5%.

5. The High Court has correctly awarded the compensation and

the order of the High Court needs no interference by this Court.

Hence this appeal is dismissed. No order as to costs.

……..............................J. [HEMANT GUPTA]

.….............................J. [SUDHANSHU DHULIA]

New Delhi, October 14, 2022.