In FAO 4765/2004 (O&M)-PUNJ HC- Deduction of certain sum by Tribunal from gross salary of deceased-accident victim, considering that he was working as Head Constable in Border Security Force and getting his meals and dress for free, is erroneous: P&H HC
Justice Nidhi Gupta [17-11-2022]

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Read Order: Smt. Sarla Devi v. Sunil Kumar and Others 

 

Monika Rahar

 

Chandigarh, November 17, 2022:  While dealing with an appeal seeking enhancement for compensation awarded by the Motor Accident Claims Tribunal, Rohtak (the Tribunal) on account of death of Ranbir Singh who was working as Head Constable in Border Security Force at a monthly salary of deceased Ranbir Singh was Rs. 7444, the High Court of Punjab and Haryana has held that the Tribunal was in patent error in deducting Rs.1298 from his gross salary in view of the fact that the deceased was in disciplinary force and getting his meals and dress etc. for free.

 

Essentially, in this case before the Bench of Justice Nidhi Gupta, the claimants, being widow and mother of the deceased, preferred a claim seeking compensation on account of the death of Ranbir Singh in a motor vehicular accident. At the time of his death, deceased Ranbir Singh was working as Head Constable in Border Security Force and was posted in Samba in J&K and drawing a salary of Rs.11,000/- per month.

 

The Tribunal on considering the evidence on record and pleadings of the parties concluded that Ranbir Singh died due to injuries suffered by him in a motor vehicular accident that took place due to rash and negligent driving of the offending Car, being driven by its Driver Sunil Kumar (first respondent). 

 

The compensation of Rs.7,87,200/- was directed to be disbursed. The Driver, Owner and Insurer of the offending car were held jointly and severally liable to pay the amount of compensation so awarded.

 

It was argued by the counsel for the appellant that the Tribunal was in grave error in not awarding anything on account of future prospects, consortium, as well as other conventional heads like loss of estate, funeral expenses etc. It was further submitted by the counsel for the appellant that the finding of the Tribunal qua allowances being drawn by the deceased was to be set aside as the deceased was in disciplinary force and was getting meals and dress etc. for free. It was further submitted that the Tribunal did not consider any amount on account of transportation. 

 

The counsel for the respondent-Insurance Company refuted the above said arguments and prayed for dismissal of this appeal though, it was not disputed that the deceased was serving as Head Constable in BSF and drawing a salary of Rs. 7444/- per month.

 

After hearing the parties, the Court reiterated the factum of the death of Ranbir Singh due to rash and negligent driving of the aforesaid offending Car being driven by the first respondent-Sunil Kumar. Considering that the salary of deceased Ranbir Singh was Rs. 7444/-, the Court opined that the Tribunal was in patent error in deducting Rs.1298/- from his gross salary in view of the fact that the deceased was in disciplinary force and getting his meals and dress etc. for free. 

 

Reference in this respect was made to a Supreme Court wherein it was held that the amounts which were required to be paid to the deceased by his employer by way of perks should be included for computation of his monthly income as that would have been added to his monthly income by way of contribution to the family as contradistinguished to the ones which were for his benefit. 

 

Therefore, the Court held that the basic salary of the deceased has to be taken as Rs.7444/-. Deduction of 1/3rd was correctly effected by the Tribunal as the claimants are two in number, the Court added while holding, 

 

“However, instead of 16, Multiplier of 15 needs to be applied; as also compensation under other conventional heads has to be included.”

 

Accordingly, a sum of Rs.77000/- was awarded towards loss of consortium, funeral expenses and loss of estate. 

 

“Needless to say the amount already awarded by the Tribunal shall be deducted from the compensation re-worked above. Appellant shall also be entitled to interest @ 9% from the date of filing of the claim petition till actual realization”, the Court held. 

 

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