CHANDERI DEVI Vs JASPAL SINGH
Bench: V. GOPALA GOWDA,C. NAGAPPAN
Case number: C.A. No.-003238-003238 / 2015
Diary number: 38914 / 2013
Advocates: ABHA R. SHARMA Vs
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3238 OF 2015 (Arising out of SLP(C) NO. 1865 OF 2014)
CHANDERI DEVI & ANR …APPELLANTS Vs.
JASPAL SINGH & ORS ….RESPONDENTS
J U D G M E N T
V. GOPALA GOWDA, J.
Leave granted.
2. This appeal has been filed by the appellant-
claimants against the Judgment and order dated
25.07.2013 passed in FAO No. 1652 of 2010 by the
High Court of Punjab and Haryana at Chandigarh,
wherein the High Court has partly allowed the
appeal by enhancing the amount of compensation to
Rs.17,10,000/- from Rs.2,00,000/- as awarded by the
NON REPORTABLE
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Motor Accidents Claims Tribunal, Sonepat (for short
‘the Tribunal’) in its award.
3. The necessary relevant facts are stated hereunder
to appreciate the case with a view to ascertain
whether the appellants are entitled for further
enhancement of compensation as prayed in this
appeal.
On the intervening night of 29/30.9.2006,
Surinder Singh, Chander Singh and Bijender Singh
were travelling in a car bearing registration No.
CH-03-P-8405 being driven by Jaspal Singh
(respondent No.1) and owned by Karnail Singh
(respondent No.2) which hit a car bearing
registration No.DL-9CA-7393 being driven by Vikas
Khanna near Piao-Maniari on G.T. Road, Sonepat. All
the injured were shifted to General Hospital,
Sonepat. Surinder Singh-husband of appellant No.1
and father of appellant No.2 succumbed to his
injuries on 04.10.2006.
4. The appellants filed a claim petition before the
Tribunal, Sonepat claiming Rs.1,00,00,000/- as
compensation on the ground that the deceased was 32
years of age at the time of his death, and he had
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been working as an Indian Cook in Moghul Tandoor
Restaurant, Bruckenkopfstr, 1/2 Heidelberg, Germany
and was earning Rs.1,00,000/- per month and that
Rs.1,00,000/- was spent on his treatment,
transportation and last rites.
5. The Tribunal on consideration of the facts,
circumstances and evidence on record, passed an
award of Rs.2,00,000/- with an interest at the rate
of 7.5% per annum.
6. Being aggrieved by the inadequate compensation
awarded by the Tribunal, the appellants filed FAO
No.1652 of 2010 before the High Court of Punjab and
Haryana at Chandigarh, wherein the High Court
enhanced the compensation amount to Rs.17,10,000/-.
Aggrieved by the same, the appellants filed this
appeal.
7. It has been contended by the learned counsel for
the appellants that the courts below ought to have
appreciated that the deceased was about 32 years of
age and was employed as an Indian Cook in Moghul
Tandoor Restaurant, Bruckenkopfstr, 1/2 Heidelberg,
Germany, earning about 1145 Euros per month.
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8. Further, it has been contended by the learned
counsel that the High Court ought not to have
arbitrarily fixed the income of the deceased at the
time of his death at Rs.1,00,000/- per annum,
without properly appreciating the facts and
evidence on record and assigning valid reasons,
while fixing the same. It is contended by the
learned counsel that this Court has held that
courts have the power to fix any reasonable amount
in favour of the claimants in the absence of
documentary proof of monthly income of the deceased
and also that if the amount claimed by the
claimants was reasonable, then the same could be
relied on by the courts & award just and reasonable
compensation. Further, it is contended by the
learned counsel that in the instant case, the
appellants had produced the certificates showing
the income of the deceased as well as the income
tax payments made by the deceased for the year
ending 2006, which ought to have been considered by
the courts below while determining the income of
the deceased to calculate the loss of dependency of
the appellants.
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9. Further, it is contended that the High Court
ought to have considered the future prospects of
the deceased to be added to the actual income of
the deceased while calculating the loss of
dependency as per the law laid down by this Court
in the case of Sarla Verma v. Delhi Transport
Corporation and Another1.
10. On the other hand, it has been contended by the
learned counsel for the respondent-Insurance
Company that the amount awarded by the High Court
to the appellants as compensation is just and
reasonable and does not call for any upward
revision. In support of the same, reliance has been
placed on the decisions of this Court in State of
Haryana v. Jasbir Kaur2 and Divisional Controller
K.S.R.T.C. v. Mahadev Shetty3, wherein it is held
that the amount of compensation should be just and
reasonable, it should neither be a bonanza nor a
source of profit but at the same time it should not
be a pittance.
1 (2009)6 SCC 121 2 (1999)1 SCC 90 3 (2003) 7 SCC 197
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11. We have heard the learned counsel for the
parties & perused the record. The courts below have
considered the evidence produced on record by the
appellants, particularly the passport, salary
certificate, income-tax certificates and whether or
not the deceased was employed in Germany at the
time of the accident to ascertain the annual income
of the deceased at the time of his death and the
courts below found that the same cannot be assessed
on the basis of the documents referred to above.
The High Court found it to be just and reasonable
to take the income of the deceased at the time of
his death at Rs.8,333/- per month, which in our
considered view is definitely on the lower side
keeping in view that the deceased was employed as a
cook in an Indian restaurant in Germany. At the
same time, to consider the income of the deceased
at Rs.62,975/- per month(i.e. 1145 Euros) as
contended by the appellants to calculate the loss
of dependency of the appellants would definitely be
on the higher side. Hence, on considering the
facts, circumstances of the case and plausibly
estimating as to how much a cook of similar nature
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as the deceased would have earned in India in the
year 2006, we are of the view that it would be just
and reasonable for us to ascertain the income of
the deceased at the time of his death at
Rs.15,000/- per month. By adding 50% of the actual
salary as provision for future prospects, the
income of the deceased to be considered for
calculation of loss of dependency is Rs.22,500/-
per month i.e. Rs.2,70,000/- per annum. Deducting
10% towards income tax the net income comes to
Rs.2,43,000/- per annum. Further, deducting 1/3rd
towards personal expenses and applying the correct
multiplier as per the legal principles laid down by
this Court in the case of Sarla Verma (supra), the
loss of dependency would come to Rs.25,92,000/-
[(Rs.2,43,000/- (-) 1/3rd of Rs.2,43,000/-) x 16].
12. Further, we award Rs.1,00,000/- towards loss of
estate to the appellant-wife as per the legal
principles laid down by this Court in the case of
Kalpanaraj & Ors. v . Tamil Nadu State Transport
Corporation4, Rs.25,000/- towards funeral expenses
and Rs.1,00,000/- towards loss of consortium to the
4 2014 (5) SCALE 479
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appellant-wife as per the principles laid down by
this Court in the case of Rajesh & Ors. v. Rajbir
Singh & Ors.5
13. Further, an amount of Rs.1,00,000/- is awarded to
the appellant-minor towards loss of love and
affection of her father(deceased) as per the
decision of this Court in the case of Juju Kuruvila
& Ors. v. Kunjujamma Mohan & Ors.6.
14. In the result, the appellants shall be entitled
to compensation under the following heads:
1. Loss of dependency Rs.25,92,000/- 2. Loss of estate Rs.1,00,000/- 3. Loss of consortium Rs.1,00,000/- 4. Loss of love and
affection Rs.1,00,000/- 5. Funeral expenses Rs.25,000/-
TOTAL Rs. 29,17,000/-
Further, an interest at the rate of 9% p.a. on the
total amount of compensation awarded by this Court in
this appeal as per the principles laid down by this
Court in the case of Municipal Corporation of Delhi v.
Association of Victims of Uphaar Tragedy7.
15. Accordingly, we allow this appeal and award an
amount of Rs. 29,17,000/- with interest @9% p.a. from
5 (2013) 9 SCC 54 6 (2013)9 SCC 166 7 (2011) 14 SCC 481
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the date of filing of the application till the date of
payment. The respondent-Insurance Company is directed
to deposit the sum payable to the appellant-minor with
proportionate interest awarded by this Court in fixed
deposit in any nationalised bank as per the preference
of appellant-No.1/guardian till the appellant No. 2
attains majority with the liberty to the appellant
No.1/guardian to withdraw interest and such amount for
her education, development and welfare by filing the
appropriate application before the Motor Accidents
Claims Tribunal, Sonepat.
The respondent-Insurance Company shall either pay
the remaining amount of compensation with proportionate
interest awarded by us by way of demand draft in favour
of the appellant No.1 or deposit the same before the
Motor Accidents Claims Tribunal, Sonepat after
deducting the amount already paid to the appellants, if
any, within six weeks from the date of receipt of the
copy of this judgment. No Costs.
……………………………………………………………J. [V.GOPALA GOWDA]
……………………………………………………………J. [C. NAGAPPAN]
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New Delhi, March 31, 2015
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ITEM NO.1A-For JUDGMENT COURT NO.9 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s)............/2015 arising from SLP(C) No.1865/2014 CHANDERI DEVI & ANR Appellant(s) VERSUS JASPAL SINGH & ORS Respondent(s) Date : 31/03/2015 This matter was called on for pronouncement of JUDGMENT today. For Appellant(s) Ms. Abha R. Sharma,Adv. For Respondent(s) Dr. Meera Agarwal,Adv.
Mr. Sanpreet Singh Ajmani, Adv. Mr. Manohar Pratap, Adv.
Mr. S. K. Sabharwal,Adv.
Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.
Leave granted. The appeal is allowed in terms of the signed Non-
Reportable Judgment. (VINOD KR.JHA) (TAPAN KUMAR CHAKRABORTY)
COURT MASTER COURT MASTER (Signed Non-Reportable Judgment is placed on the file)