Jasdeep Singh vs Nafe Singh

R.L. Anand, J.—By this judgment I dispose of as many as 5 FAOs - No. 1939 of 1996 (Jasdeep Singh and another v. Nafe Singh and others), No. 1990 of 1996 (Jasdeep Singh and another v. Nafe Singh and others), No. 1991 of 1996 (Jasdeep Singh v. Nafe Singh and others), No. 1992 of 1996 (Balwant Singh v. Nafe Singh and others) and No. 1993 of 1996 (Sunny alias Hardeep Singh v. Nafe Singh and others), as in my opinion ail the 5 appeals can be disposed of by one judgment because common question of law and fact arises in these cases and moreover all the five appeals have come from one award and one accident. For the sake of facts, I am taking them from FAO No. 1993 of 1996 titled "Sunny alias Hardeep Singh v. Nafe Singh and others."

Before the Tribunal as many as ten claim petitions were filed and the rights of all the claimants were adjudicated. Five claimants did not file any appeal against the award dated 11.3.1996 passed by Motor Accident Claims Tribunal, Karnal. Only five claimants have filed appeals in the High Court and their appeals I am going to dispose of with the assistance rendered by the learned counsel for the parties.

Some facts can be noticed in the following manner :-

On 12.6.1994, nine persons were travelling in a Matador bearing registration No. PB-10-J-9437. Ghuminder Singh was driving the said vehicle and all the persons were coming from Delhi to Ludhiana. At about 6.45 A.M. when the vehicle reached near truck union on bye-pass, Karnal, the Matador crossed a truck going ahead of it. In the meanwhile, a bus bearing registration No. HR-26A-1193 driven by Nafe Singh came from the opposite direction at a fast speed, in a rash and negligent manner and rammed into the matador. In this occurrence Resham Pal Singh, Harvinder Kaur, Bhajan Kaur and Ghuminder Singh died. Zora Singh, Jasdeep Singh, Sunny alias Hardeep Singh, Balwant Singh and Baby Harpreet Kaur Virk received injuries. The accident was reported to the police by Balwant Singh and FIR No. 385 dated 12.6.1994, Ex. P-77 was registered in Police Station City Karnal against Nafe Singh, driver of the offending bus. Different amounts of compensation were claimed by different claimants. Jasdeep Singh and Sunny alias Hardeep Singh claimed Rs. 5,00,00,000/- on account of the death of their mother Harvinder Kaur. Jasdeep Singh also claimed Rs. 5,00,000/- as compensation on account of his injuries. Sunny alias Hardeep Singh also claimed Rs. 5,00,000/- on account of the injuries received by him. Balwant Singh claimed compensation to the tune of Rs. 20,00,000/- on account of his injuries. Similarly, Jasdeep Singh and Sunny alias Hardeep Singh claimed Rs. 2,50,00,000/- by way of compensation on account of the death of their father Resham Pal Singh.

Notices of the claim petitions were given to the respondents. Joint identical written statements were filed by the respondents. Nafe Singh, driver of the vehicle did not file any written statement. He simply adopted the written statement of respondent No. 2. In the written statement filed by the Haryana State, it was pleaded that the driver of the matador tried to overtake a tractor in a rash and negligent manner and due to the high speed of the Matador, it struck against the stationary bus. It has been further pleaded that respondent No. 1 was not at all negligent in causing this accident, Kuldeep Singh, owner of the Matador, submitted in his written statement that no cause of action arises against him. The National Insurance Company also denied its liability to make the payment.

From the pleadings of the parties, the Tribuna framed as many as 12 issues which are reproduced as follows :-

Whether the accident dated June 12, 1994 near Truck Union, on Grand Trunk Road, Karnal resulting into the injuries to Zora Singh, Jasdeep Singh, Sunny @ Hardeep Singh, Balwant Singh, Baby Harpreet Virk, deaths of Harvinder Kaur, Ghuminder Singh, Bhajan Kaur, Resham Pal Singh and damage to Matador No. PB-10-J-9437 (Now number DL-IC-C-8674) owned by Kuldeep Singh took place due to rash and negligent driving of bus No. HR-26-A-1193 by its driver-respondent No. 1 ? OPP

Whether applicant Zora Singh is entitled to any compensation on account of his injuries, if so how much and from whom (MACT Case No. 144 of 1994)? OPP.

Whether applicants Jasdeep Singh and Sunny alias Hardeep Singh are entitled to any compensation on account of the death of Harvinder Kaur, if so how much and from whom (MACT Case No. 145794)? OPP

Whether the applicant Jasdeep Singh is entitled to any compensation on account of his injuries, if so how much and from whom (MACT Case No. 153/94)? OPP

Whether applicant Master Sunny alias Hardeep Singh is entitled to any compensation on account of his injuries, if so how much and from whom (MACT Case No. 154794) ? OPP

Whether Balwant Singh is entitled to any compensation on account of his injuries, if so how much and from whom OPP (MACT Case No. 173794) ?

Whether applicant Baby Harpreet Virk is entitled to any compensation on account of her injuries, if so how much and from whom (MACT Case No. 182794)? OPP

Whether Kuldip Singh applicant is entitled to any compensation on account of damage to his Matador, if so how much and from whom (MACT Case No. 183/94)? OPP.

Whether Manjit Kaur etc. applicants are entitled to any compensation on account of the death of Ghuminder Singh, if so how much and from whom OPP (MACT Case No. 184794) ?

Whether applicant Zora Singh is entitled to any compensation on account of the death of Bhajan Kaur, if so how much and from whom (MACT Case No. 187794)? OPP.

Whether applicants Jasdeep Singh and Sunny alias Hardeep Singh are entitled to any compensation on account of the death of Reshampal Singh, if so how much and from whom ? (MACT Case No. 21795) OPP.

Relief.

The parties led evidence. Issue No. 1 was decided in favour of the claimants and it was held that the acci- dent took place due to rash and negligent driving of Nafe Singh. While assessing the amount of compensation, the Tribunal awarded a sum of Rs. 5,000/- to Balwant Singh on account of his injuries. Rs. 5,000/-were awarded to Hardeep Singh alias Sunny and Rs. 50,000/- to Jasdeep Singh for their injuries. While assessing the compensation with regard to the deaths of Reshampal Singh and his wife Harvinder Kaur, Hardeep Singh and Jasdeep Singh were awarded Rs. 15,00,000/- each, besides interest @ 12 per cent annum from the date of the filing of the claim petitions.

Not satisfied with the amount of compensation awarded by the Tribunal, the present five appeals which I am disposing of with the assistance rendered by Mr. Maharaj Kumar, the learned counsel appearing on behalf of the appellants, Mr. Yash Pal, learned AAG, Haryana and Mr. Gopal Mittal, the learned counsel appearing on behalf of National Insurance Company and with their assistance I have gone through the records of this case.

It may be mentioned here that I am not in a position to hold that the driver of the Matador was negligent at the lime of accident and in these circumstances 1 am not inclined to fasten any liability upon the Insurance Company. Otherwise also, there is no appeal by the State of Haryana challenging the award of the Tribunal. In this view of the matter, I affirm the findings of the Tribunal on issue No. 1 and hold that this accident has been caused by Nafe Singh, driver of the bits when he was discharging his duties in the course of his employment of Haryana Roadways.

The surviving point for determination is with regard to compensation. First of all, I will take up the case of injuries. In this very seriatim I take up the appeal of Balwant Singh, who filed FAO No. 1992 of 1996. I have stated above that he was awarded a sum of Rs. 5,000/-. Let us examine the nature of injuries suffered by him. This claimant appeared before the Tribunal as PW2 and stated that he received injuries on his head. He was examined by Dr. O.P. Arya PW 3, who found the following injuries on his person :-

"1. Lacerated wound 3 cms x 1 cm on chin. Advised x-ray.

Multiple small lacerated wound on fore-head. Advised x-ray.

Lacerated wound 1 cm x .5 cm on right index finger.

Swelling on left side upper lip."

Injuries No. 1 and 2 were kept under observation and 3 and 4 were declared simple in nature. Injuries No. 1 and 2 were also declared simple after x-ray. Thus, this Court has come to this conclusion that the nature of injuries suffered by Balwant Singh was simple in nature. There is no evidence on the record that on account of these injuries the appellant-claimant has suffered financially in his business or otherwise. He was treated at General Hospital, Karnal. Though Balwant Singh stated that he had spent Rs. 30,000/- or Rs. 40,000/- on his treatment, but there is no satisfactory evidence in this regard. In this view of the matter, I am of the opinion that the Tribunal has rightly awarded a sum of Rs. 5,000/- which amount is just and reasonable for the injuries suffered by Balwant Singh. Thus, there is no merit in the appeal of Balwant Singh and the same is hereby dismissed.

Reverting fo the appeal of Jasdeep Singh bearing FAO No. 1991 of 1996, in which he has claimed enhanced compensation for his injuries, I am of the opinion that no interference is called for as the Tribunal has rightly awarded a sum of Rs. 50,000/- to this appellant. Let us examine the injuries of Jasdeep Singh. Dr. Sur-inder Singh PW1 deposed about the injuries of this claimant. He was having infected wound on the right thigh. Debridgement and skin grafting was done. He was admitted in the hospital on 20.6.1994 and was discharged on 28.6.1994. Dr. Surinder Singh PW1 received Rs. 4,935/- as per bill Ex. P2 excluding medicines. Dr. O.P, Arya PW3 also examined this appellant and found that there was a "7" shape lacerated wound on his left thigh, 15 cms x 2 cms x bone deep in size. X-ray was advised and it was done as proved by Dr. O.P. Arya, who submitted bills Exs. P6 to P8 and P70 to P72. Further, the record of the Hospital for Sick Children of Canada has also been placed on record to show that this appellant remained admitted in the hospital from 18.7.1994 to 19.7.1994. I have gone through the discussion of learned Tribunal as contained in paras No. 32 and 33 and in my opinion the amount of compensation to the tune of Rs. 50,0007- has been rightly awarded to appellant Jasdeep Singh for his injuries and no interference is called for. Resul-tantly, FAO No. 1991 of 1996 is also dismissed.

Now I take up FAO No. 1993 of 1996 filed by Sunny alias Hardeep Singh. This appellant suffered superficial injuries as is evident from the statement of Dr. O.P. Arya PW3, who found the following injuries :-

"1. Lacerated wound .5cm x .5 cm on chin.

Lacerated wound 1 cm x 1 cm on fore-head."

Both the injuries were simple in nature. This appellant remained admitted in Civil Hospital, Karnal at the first instance as deposed by his grandfather Balwant Singh and thereafter in Sant Ishar Singh Ji Memorial Hospital, Karamsar, District Ludhiana. Though it is alleged that Rs. 40,000/-were spent on his treatment, but there is no satisfactory evidence in this regard. Medical bills amounting to Rs. 985/- were placed on record. As the injuries on the person of Sunny alias Hardeep Singh were superficial in nature and no substantial damage has been done to his body, therefore, I am of the opinion that the Tribunal has rightly calculated the amount of Rs. 5,000/-by way of compensation in his favour. Thus, FAO No. 1993 of 1996 also stands dismissed.

Now I revert to FAOs No. 1939 and 1990 of 1996 filed by Jasdeep Singh and Sunny alias Hardeep Singh in which they are claiming enhanced compensation with regard to the death of their parents Reshampal Singh and Smt. Harvinder Kaur. Though these appeals have been filed separately but the compensation can be assessed in one go. It is proved on the record that Reshampal Singh was a youngman of 35 years and was working as a taxi-driver in Canada. His wife Harvinder Kaur was employed in a departmental store in Canada. It is further proved on the record that each one of them was earning Rs. 30,000/- per month. Thus the total income of the couple was Rs. 60,000/-. At the time of accident Jasdeep Singh was aged about 13 years while Sunny alias Hardeep Singh was 9 years. Jasdeep Singh was studying in 8th standard and Hardeep Singh in 5th standard. It is proved on the record that this family was residing in Canada and this Court can lake a judicial notice about the cost of living in such like countries. Both the appellants Hardeep Singh and Jasdeep Singh were to get their education from the hands of their parents had they were alive. With tile death of Reshampal Singh and Harvinder Kaur the first jolt they suffered was with regard to their education. Further, their parents would have brought them up by providing other necessities of life. After the death of their parents, both the appellants must have suffered a lot in their livelihood. Now they are at the mercy of their grandfather Balwant Singh, who must have engaged some maid servant for the uplift of these two boys. There is no evidence that these two appellants were getting free education and they are being looked after by the Canada Government. Also there is no rebuttal to the evidence that the income of the couple was not Rs. 60,000/- per month according to Indian currency. For the purpose of calculating the dependency of Jasdeep Singh and Hardeep Singh, first of all we have to deduct the income tax. Even if we apply the Indian standards, out of the joint income of Rs. 60,000/- a sum of Rs. 20,000/- can be deducted for the income tax purposes and in this manner the joint income of the couple in their hands remains Rs. 40,000/-. Reshampal Singh was working as a taxi driver and Harvinder Kaur was serving in a departmental store. The cost of living in Canada must be very high and the deceased couple must be spending a lot for their personal expenses. Therefore, I deduct the personal expenses of the deceased couple at Rs. 20,000/- and calculate the annual dependency of Jasdeep Singh and Hardeep Singh at Rs. 2,40,000/-. The Tribunal has applied the multiplier of 16. Though in my opinion it is on the higher side, but since there is no cross appeal by the State of Haryana, therefore I calculate the compensation as Rs. 38,40,000/-, which should be the just compensation and it should have been awarded by the Tribunal to Jasdeep Singh and Hardeep Singh with regard to the loss of their parents. The Tribunal has awarded a sum of Rs. 30,00,000/- i.e. Rs. 15,00,000/-each on this count.

In this view of the matter, FAOs No. 1939 of 1996 and 1990 of 1996 are partly allowed. Now the claimant/appellants shall get Rs. 38,40,000/- as compensation besides interest @ 12 per cent per annum on this amount from the date of the filing of the claim petitions till payment. The respondent-State shall be entitled to adjust the amount of compensation which has already been paid to these appellants. The enhanced compensation shall be deposited by the State alpngwith interest within three months from today and it shall be payable in equal shares to Jasdeep Singh and Sunny alias Hardeep Singh. The amount shall remain lying deposited in a scheduled bank till the minor appellants attain the age of majority.

There shall be no order as to costs in any of these appeals.

Appeal partly.