Dr. Harminder Singh vs Sukhpinder Singh

P.K. Jain, J.—Dissatisfied with the compensation awarded by the learned Single Judge of this Court in F.A.O. Nos. 353 of 1983, 386 of 1983 and 469 of 1983, decided on January 16, 1985, the claimants have filed these Letters Patent Appeals (Nos. 662, 663 and 691 of 1985), which are being decided by this common judgment.

The necessary facts for the disposal of these appeals are that on July 13, 1979, there was a head-on-collision between two Punjab Roadways buses-PUP-8329 and PUC-6510 near village Badowal on the S.T. road between Ludhiana and Jullundur, coming from opposite directions. Several passengers were injured and some died too as a result thereof. Amongst the injured was Dr. Harminder Singh, while those killed included his son Paramjit Singh, Fateh Singh, Jagjit Kaur and her six months old daughter-Bipan.

Claim petitions were Filed. The Tribunal returned a finding against the two bus-drivers on the issue of negligence and consequently held them and their employer-State of Punjab liable to pay compensation to the claimants. Dr. Harminder Singh, who sustained injuries, was awarded Rs. 56000/-, while in the case relating to the death of his son Paramjit Singh, a sum of Rs. 30000/- was awarded to Dr. Harminder Singh and his wife Sowarnjit Kaur on account of financial loss suffered by them. The parents of Fateh Singh were awarded Rs. 26000/-. As regards Jagjit Kaur and her minor daughter-Bipan, the compensation awarded was Rs. 18000/- and Rs. 12000/- respectively.

Being aggrieved, the claimants came in appeal. The learned Single Judge of this Court enhanced the compensation awarded to Dr. Harminder Singh in respect of the injuries sustained to him to Rs. 1,50,000/-. However in the case of death of his son Paramjit Singh, the compensation awarded by the Tribunal was maintained. In the case relating to the death of Fateh Singh, the compensation was enhanced to Rs. 42000/-. For the death of Jagjit Kaur, the amount of compensation was increased to Rs. 50,000/-. But relating to the death of her minor daughter-Bipan, the amount of Rs. 12000/- as awarded by the Tribunal was maintained.

The matter which arises for our determination in these appeals is with regard to the quantum of compensation payable to the claimants.

Shri Karminder Singh, Advocate, learned counsel for the appellant-Dr. Harminder Singh, has argued that the said appellant was drawing Rs. 3425/- per month as stated by A.W. 16 Sh. Udham Singh Head Clerk on the basis of official record, whereas the learned Single Judge has taken into consideration the monthly salary of the appellant as Rs. 2850/- and that the appellant remained under treatment for several months, whereas the learned Single Judge has taken the period as 5-1/2 months. It has been further argued by the learned counsel that future chances of promotion of the appellant have been marred and the amount spent by the appellant for going and coming to Kasauli has also not been granted.

We do not find any merit in any of these contentions raised by the learned counsel. The Hon''ble Single Judge has accepted the total disability of the appellant at about 50%, has also accepted the expenses stated to have been incurred by him on his treatment as well as loss of pay during the said period. The Hon''ble Single Judge has also taken into consideration the pain and suffering already undergone by the appellant and the fact that his serious disability would curtail his enjoyment of life and affect his day-to-day living, besides adversely affecting his career prospects. Taking an over-all view of the circumstances in the context of the injuries suffered by Dr. Harminder Singh he has been awarded a sum of Rs. 1,25,000/- as general damages under all these heads. A sum of Rs. 10000/- has also been awarded for special diet required by the appellant during the long period of hospitalisation. Loss of salary caused to the appellant on account of being hospitalisation and period of convalescence has also been calculated taking into consideration the monthly pay of the appellant to be Rs. 2850/- which the appellant himself stated in his claim petition. Any enhancement in the salary by way of increment or additional D.A. or any other amount subsequent to the date of accident is not to be taken into consideration while calculating the loss of salary during the said period. The appellant has also been awarded a sum of Rs. 4500/- on account of the salary of the driver engaged by him who used to take him from and to Kasauli for his treatment. In this manner, the Hon''ble Single Judge has rightly awarded a sum of Rs. 1,50,000/- to the appellant-Dr. Harminder Singh and we do not find any reason to interfere therewith or to make any enhancement thereto.

Coming to the case of the death of Paramjit Singh, it is not disputed that he was about 17 years of age and was admitted to the First Year of MBBS Course in Medical College, Amritsar, on the day of the accident itself. There can be no manner of doubt that he was a brilliant student and had a bright future. No doubt, his parents i.e. Dr. Harminder Singh and Mrs. Sowarnjit Kaur were in medical services, yet the deceased would have taken at least 5 to 7 years to become an earning member of the family and to render financial assistance to his parents. The facts of the present case highlight unfortunate state of affairs where the parents lost their only son who could be of some help; emotional as well a financial and he would have obviously sustained them in their life time. Assuming that he might have spent about 8 years in completing his Post-Graduation in Medicines and then joining service or starting his own private practice, he would have become capable of earning at least Rs. 3000/- per month in the year 1988. It is correct that his marriage would have brought with it additional responsibility of wife and children. The parents are also part of the family and their presence does not lose much significance in our country. The parents do stay with their only son and are expected to be looked after by him in their old age. In these circumstances it is just and reasonable to assume that the deceased would have been able to contribute a sum of Rs. 1000/- per month for his parents which would represent the monthly loss to the claimants as well as loss to the estate of the deceased. Calculating the compensation with a multiplier of 16, the same comes to Rs. 1,92,000/-. While calculating this amount of compensation, we have also taken into consideration the amount which these parents would have spent upon the education and settlement in the profession of their deceased son. Our approach in this respect is affirmed by a judgment of the Bombay High Court rendered in Shree Ram Finance Corporation Vs. Murlidhar and Others and Delhi Transport Corporation v. Sudershan Yadav and Ors. . Therefore, we hold that Dr. Harminder Singh and his wife Mrs. Sowarnjit Kaur are entitled to recover a sum of Rs. 1,92,000/- with interest at the rate of 12% per annum from the date of claim application till realisation on account of the loss sustained by them due to the death of their son as well as loss to the estate of the deceased, in equal share. The amount already received, if any, shall be adjusted against the same.

Turning now to the case relating to Fateh Singh deceased, admittedly, he was a bachelor, about 25 years of age, carrying on the business of Kariana shop. His father was 69 years of age and mother 50 years old at that time. For the year 1978-89, he was assessed to an income of slightly over Rs. 1000/- per month. He was to be married in the near future and was to bear the burden of his own family also. But at the same time, the deceased had definitely prospects of advancement in his future business career to meet his additional liability of his married life. We think having regard to the facts and circumstances of the case, we will not be in error in making a higher estimate of loss of dependency at Rs. 500/- per month. This loss of dependency of Rs. 6000/- per annum, if capitalised on a multiplier of 14, the compensation would work out to Rs. 84,000/-, to which is added an award of Rs. 16,000/- for the loss of consortium and estate of the deceased. Thus, the parents of Fateh Singh deceased are entitled to recover a sum of Rs. 1,00,000/- (Rupees One Lac) with interest at the rate of 12% per annum from the date of claim application till realisation in equal shares. If they have already received any amount in this respect, adjustment shall be given for the same.

As a result of the above discussion, L.P.A. No. 663 of 1985, filed by Dr. Harminder Singh is hereby dismissed with no order as to costs in this Court.

L.P.A. No. 662 of 1985, filed by Dr. Harminder Singh and his wife Dr. Sowarnjit Kaur, and L.P.A. No. 691 of 1985, filed by Hira Singh and his wife Smt. Har Kaur are accepted and the amount of compensation awarded is modified to the extent indicated above with costs throughout.