In FAO Nos.1803 & 1782 of 2016-PUNJ HC- P&H HC upholds MACT’s decision of not awarding compensation under the head of ‘pain and suffering’  in view of Top Court’s ruling that no amount would be awarded to dependants under such head in case of instantaneous death
Justice Harpreet Singh Brar [06-06-2023]

Read Order: New India Assurance Company Ltd. Versus Raj Rani alias Vidhu Singla and others

Tulip Kanth

Chandigarh, June 8, 2023: While enhancing the compensation from Rs 11.81 lakh to Rs Rs 19.89 lakh in a motor accident case, the Punjab and Haryana High Court has dismissed the appeals filed by the insurance company while allowing the appeals filed by the claimants.

“No compensation has been granted by the learned Tribunal under the head of pain and suffering and loss of love and affection. The Hon’ble Supreme Court has held that no amount would be awarded to the dependants of the deceased under the head of ‘pain and suffering’ in the case of instantaneous death”, the Single-Judge Bench of Justice Harpreet Singh Brar held.

The appeals had been filed by the Insurance Company for setting aside the Tribunal’s award and by the claimants for enhancement of compensation awarded by the Tribunal.

The facts of the case were such that the deceased Bal Krishan was coming back from Ludhiana in a car which was being followed by Rajinder Kumar in another car. When the said car in which the deceased was travelling, reached main Barnala-Raikot road near bus stand of, a trolley overloaded with sand was wrongly parked in the middle of the road leading towards village Mahalkalan without any reflectors on it. The car struck against the said trolley at the back and got entangled thereunder. 

As a result of the impact, the occupants of the car received multiple injuries. On seeing the accident, Rajinder Kumar with the help of others pulled out the swift car from beneath the trolley and found that Bal Krishan who had been seriously injured, as rushed to Civil Hospital, Barnala in an ambulance but he died on the way.

The Tribunal awarded an amount of Rs 11,81,000 each to the claimant/respondents in their respective claim petitions along with interest at the rate of 9% p.a. from the date of filing of the claim petitions till actual realisation.

It was the case of the Insurance Company that the  accident took place due to the negligence on account of wrong parking of the tractor trolley (offending vehicle) in the middle of the road but the Tribunal has failed to appreciate that the FIR was lodged only against the driver of the tractor trolley and the driver of the car had not been impleaded as a party respondent. 

The claimants contended that the Tribunal has assessed the income of the deceased as Rs 12,000  per month by completely ignoring the income tax returns for the year 2012-2013. The Tribunal had also erred in applying the multiplier of 11, whereas the multiplier of 13 should have been applied as the age of the deceased was duly proved by producing his PAN Card to be 50 years.

On the argument that the driver of the car was not having a valid driving licence on the date of accident, the Bench opined that the same had been dealt with by the Tribunal by placing reliance upon the testimony of Kunal Arora and also by relying on the decision of this Court in New India Assurance Company Ltd. vs. Shanti Devi and others wherein it has been held that when fatal motor accident was caused due to rash and negligent driving of truck and the driver of the truck had a fake and invalid licence, the Insurance Company cannot be absolved from its liability to indemnify the insured on account of an invalid or fake driving licence because the insurance company has not led any evidence to prove that the insured was guilty of any negligence and regarding use of vehicles by a duly licensed driver.

The Bench was of the opinion that the income assessed by the Tribunal with regard to both the deceased at Rs 12,000  per month was correct and the finding of the Tribunal in this regard was affirmed. 

Further, keeping in view the age of the deceased to be 50 years, future prospects of 25% were awarded in respect of both the deceased, in view of National Insurance Company vs. Pranay Sethi and in light of the decision of Smt.Sarla Verma and others vs. Delhi Transport Corporation and another  a deduction of 1/4th had to be made in both the cases and a multiplier of ‘13’ would be applicable.

Relying on the precedent that no amount would be awarded to the dependants of the deceased under the head of ‘pain and suffering’ in the case of instantaneous death”, the Bench confirmed the findings of the Tribunal in this regard.

Thus, the Bench directed the company to make the payment within 2 months.