Smt. Joginder Kaur vs Sh. Sukh Chand Singh and Others

Nawab Singh, J.—This claimant''s appeal is directed against the Award dated September 15, 2010 passed by Motor Accident Claims Tribunal (for short `the Tribunal''), Amritsar, whereby, it awarded an amount of Rs. 2,64,000/- as compensation to appellant Joginder Kaur on account of death of her husband Jaswant Singh in a vehicular accident on February 26, 2005. On February 26, 2005, Jaswant Singh, aged 55 years (per report of post-mortem examination Exhibit P-1), was driving Tempo Traveller No. PB-01-2604 and proceeding from Gurudwara Goindwal Sahib to Golden Temple, Amritsar. When he reached near Police Lines, Amritsar, the Tempo met with an accident with Bus No. Pb-02-K-9976 being driven rashly and negligently by Sukh Chain Singh - respondent No. 1 and as a result, Jaswant Singh died on the spot.

The Tribunal considering the deceased to be a driver, assessed his income at Rs. 3000/- per month. 1/3rd was deducted towards his personal and living expenses and as such the annual dependency was assessed at Rs. 24,000/-. Keeping in view age of the deceased to be 55 years, multiplier of 11 was applied and total dependency was calculated at Rs. 2,64,000/-. The appellant was held entitled to compensation of Rs. 2,64,000/- along with interest at the rate of 7.5% per annum from August 06, 2008 till its realisation.

Learned counsel for the appellant has contended that Jaswant Singh was a driver by occupation, which is proved from the fact that he died while at the wheel of the Tempo. So, the Tribunal should have determined his income at Rs. 5000/- per month, because in the year 2005, even a labourer could earn such amount. It is also contended that the Tribunal fell in error in not awarding any amount towards `transportation of the dead body, funeral expenses'' and loss of consortium''.

The argument is convincing. A judicial notice can be taken of the fact that in the year 2005, a skilled person like a driver, could earn Rs. 5000/- per month. So, this Court holds the income of the deceased at Rs. 5000/- per month. Deducting 1/3rd for his personal and living expenses, the loss of dependency has to be assessed like 5000-1/3rd = 3333.33 x 12 x 11= Rs. 4,40,000/-. The appellant is entitled to Rs. 10,000/- towards `transportation and funeral expenses''. Since, the deceased was 55 years old, the appellant is also entitled to Rs. 30,000/- for `loss of consortium''. Thus, she is entitled to compensation of Rs. 4,80,000/- (440000+10000+30000). Hence, the Award of the Tribunal is modified to the extent that the appellant is held entitled to total compensation of Rs. 4,80,000, that is, Rs. 2,16,000/- over and above the amount awarded by the Tribunal. The interest on the enhanced amount of Rs. 2,16,000/- shall be paid from August 06, 2008 till the amount was deposited by the Insurance Company under the impugned Award at the same rate of interest as was awarded by the Tribunal.