Punjab-Haryana High Court
The Commandant Tpt Bn, Itbp, Po … vs Smt. Raj Bala Saini & Ors on 7 April, 2021FAO-7804-2016 (O&M) -1-
FAO-6612-2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

1. FAO-7804-2016 (O&M)

The Commandant TPT BN, ITBP PO, Airport, Chandigarh
….Appellant

Vs.

Raj Bala Saini and others
…Respondents

2. FAO-6612-2016

Raj Bala Saini and others
….Appellant

Vs.

Balwinder Singh and another
…Respondents

Date of decision: – 07.04.2021

CORAM : HON’BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:- Mr. Arun Gosain, Advocate
for the appellant in FAO-7804-2016 and
for respondent No.2 in FAO-6612-2016.

Mr. Ashwani Arora, Advocate
for the appellants in FAO-6612-2016 and
for respondents No.1 and 2 in FAO-7804-2016.

( Through Video Conferencing )

***
HARSIMRAN SINGH SETHI, J. (ORAL)

By this order, two appeals, details of which have been given

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in the heading, are being decided as both the appeals arise out of the same

award dated 08.07.2016, passed by the Motor Accidents Claims Tribunal,

Chandigarh (hereinafter referred as ‘the Tribunal’).

Appeal bearing FAO-7804-2016 has been filed challenging

the above-said award on the ground that the truck, which has been stated

to be involved in the accident, was not actually involved in the accident

and the award passed by the Tribunal is contrary to the facts on record

and hence the same is liable to be set aside. In the alternative, an

argument has been raised by the learned counsel for the appellant therein

that the grant of 50% of the amount under the heading of the future

prospects to the claimants is contrary to the settled principle of law as the

same cannot be more than 40%, the award dated 08.07.2016 passed by

the Tribunal needs to be modified.

The appeal bearing FAO-6612-2016 has been filed by the

appellants-claimants for the enhancement of the award on the ground that

monthly income fixed @ Rs.7,000/- per month by treating the deceased

as unskilled worker is on lower side whereas deceased had skilled

qualifications to her credit at the time of her death.

I have heard learned counsel for the parties and have gone

through the record with their able assistance.

Learned counsel for the appellant in FAO-7804-2016

submits that keeping in view the judgment dated 05.12.2018 (Annexure

A-1), passed by the learned Judicial Magistrate 1st Class, Chandigarh in

respect of FIR No.356 dated 08.09.2015, which was registered in

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pursuance to the accident which allegedly took place on 07.09.2015, it

cannot be said that the truck No.CH01G12155 was involved in the

accident. The prayer of the appellant is for setting aside the impugned

award as the same is contrary to the facts which have come before the

Court while dealing with FIR No.356 dated 08.09.2015.

A bare perusal of the judgment dated 05.12.2018 (Annexure

A-1) passed by the learned Judicial Magistrate 1st Class, Chandigarh in

respect of FIR No.356 dated 08.09.2015, shows that the finding that the

truck bearing No.CH01G12155 was not involved in the accident is

nowhere recorded. It only deals with the fact whether, the driver of the

truck, namely, Balwinder Singh was at fault being negligent in respect of

the accident, which occurred on 07.09.2015, wherein, one Urvashi Saini

unfortunately lost her life and other two girls, namely, Simranjeet Kaur

and Harpreet Kaur received injuries. Further, negligence has not been

proved against the driver by giving him benefit of doubt. Perusal of the

judgment of the Judicial Magistrate 1st Class dated 05.12.2018 proves that

there was an accident involving the truck bearing No.CH01G12155. That

being so, the argument which is being raised by learned counsel for the

appellant in FAO-7804-2016 is not corroborated by the judgment and

hence, cannot be accepted.

Further, the standard of proof required for establishing the

negligence in the criminal case has to be beyond reasonable doubt

whereas, in the cases relating to the claim of compensation in respect of

an accident, the proof/evidence required is to the extent of

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preponderance. Hon’ble Supreme Court of India in Anita Sharma and

others Vs. The New India Assurance Co. Ltd. And another, held as

under :-

“22. Equally, we are concerned over the failure of the
High Court to be cognizant of the fact that strict principles
of evidence and standards of proof like in a criminal trial
are inapplicable in MACT claim cases. The standard of
proof in such like matters is one of preponderance of
probabilities, rather than beyond reasonable doubt. One
needs to be mindful that the approach and role of Courts
while examining evidence in accident claim cases ought not
to be to find fault with non-examination of some best eye-
witnesses, as may happen in a criminal trial; but, instead
should be only to analyze the material placed on record by
the parties to ascertain whether the claimant’s version is
more likely than not true. A somewhat similar situation
arose in Dulcina Fernandes v. Joaquim Xavier
Cruz4 wherein this Court reiterated that:
“7. It would hardly need a mention that the plea of
negligence on the part of the first respondent who was
driving the pickup van as set up by the claimants was
required to be decided by the learned Tribunal on the
touchstone of preponderance of probabilities and
certainly not on the basis of proof beyond reasonable
doubt. (Bimla Devi v. Himachal RTC [(2009) 13 SCC
530 : (2009) 5 SCC (Civ) 189 : (2010) 1 SCC (Cri)
1101] )”
(emphasis supplied)”

Further, learned counsel for the appellant in FAO-7804-2016

has not been able to point out from the evidence on record that any

finding recorded by the Tribunal qua the negligence of the driver, is not

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supported by the evidence on record. Therefore, no benefit of the order

passed by the Judicial Magistrate Ist Class dated 05.12.2018 in respect of

FIR No. 356 dated 08.09.2015 can be granted to the appellants so as to

hold that no accident occurred involving the Truck bearing No.

CH01G12155 or that the driver of the truck was not negligent so as to

deny the benefit of compensation to the claimants.

Learned counsel for the appellant in FAO-7804-2016 further

submits that the award passed by the Tribunal dated 08.07.2016 needs to

be modified as while computing the compensation, 50% of the income

has been taken into account to grant the claimants compensation on

account of loss of future income instead of 40% by relying upon a

judgment in ‘Santosh Devi Vs. National Insurance Company, 2012

STPL (Web) SC 248. Learned counsel appearing on behalf of the

appellant in FAO-7804-2016 submits that as per the settled principle of

law settled by the Hon’ble Supreme Court of India in ‘National

Insurance Company Limited Vs. Pranay Sethi and others’, 2017(4)

PLR 693, the compensation on account of future prospects cannot be

more than 40% of the income assessed. Further, relying upon Pranay

Sethi’s case (supra), learned counsel submits that the funeral expenses,

which have been awarded as Rs. 25,000/-, cannot be more than Rs.

15,000/- and Rs. 25,000/- awarded on account of loss to estate, cannot be

more than Rs. 15,000/-.

Learned counsel appearing on behalf of the respondents-

claimants very fairly concedes that the Award of the Tribunal needs to be

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modified in respect of calculating the future prospects at 50% of the

income assessed as the claimants are only entitled for 40% of the income

assessed as future prospects so as to compute compensation. Learned

counsel for the respondents-claimants also concedes that the funeral

expenses as well as loss to Estate for which Rs. 25,000/- each has been

given to the claimants, be modified to Rs. 15,000/- each and he has no

objection in case, the Award of the Tribunal is modified to the said

extent.

Learned counsel appearing on behalf of the

claimants/appellants in FAO-6612-2016 contends that in the impugned

award dated 08.07.2016, the income of deceased has been assessed at

Rs.7,000/- per month, which is not correct keeping in view the facts and

circumstances of this case. Learned counsel for the appellants-claimants

argues that it has already come on record that though the deceased was

undergoing the graduation course but she had already obtained certificate

in Bakery course, which is a skilled qualification and therefore, monthly

income of the deceased should have been equal to a skilled worker.

Learned counsel for the appellants-claimants further submits that as per

the notification issued by the Chandigarh Administration at the relevant

time, the minimum income of a skilled worker is Rs.8,500/- per month

and therefore, assessing the income for computation of the compensation

@ Rs.7,000/- per month, by the Tribunal, was incorrect. Learned counsel

for the claimants/appellants in FAO-6612-2016 submits that as per the

law laid down by the Hon’ble Supreme Court of India in Pranay Sethi’s

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case (supra), the claimants are entitled for consortium @ Rs. 80,000/-,

which has not been granted by the Tribunal while assessing the

compensation in the Award given.

Learned counsel for respondent No. 2 in FAO-6612-2016

does not dispute the fact that the deceased had undergone the Bakery

course, which is a skilled qualification, certificate of which has already

been produced on record as Ex.P-4. Learned counsel for respondent No. 2

in FAO-6612-2016 only submits that the Tribunal in its wisdom has

rightly assessed the income hence, same needs no modification. Learned

counsel for respondent No. 2 in FAO-6612-2016 is not able to dispute

that as per the settled principle of law settled by the Hon’ble Supreme

Court of India in Pranay Sethi’s case (supra), the claimants are entitled

for consortium @ Rs. 80,000/-.

The claim of the appellants/claimants for enhancement of

compensation is well founded. Once, the deceased had a qualification,

which is a skilled qualification, the same could not be ignored by the

Tribunal so as to treat the deceased as an unskilled worker so as to

compute the income. Nothing has come on record as to why the skilled

qualification of the deceased in respect of a Bakery Course has been

ignored to assess the monthly income. The qualification of the Bakery

Course is good enough to treat the deceased as a skilled worker. Though,

for improving the qualification, the deceased was undergoing Graduation

Course, but merely the said fact is not good enough to ignore the skilled

qualification, which the deceased already possessed at the time of her

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death. In the facts and circumstances of the present case, the deceased

has to be treated as a skilled worker so as to compute her monthly income

and the Award needs to be modified to the said extent and is accordingly

done.

Further, learned counsel for respondent No. 2 in FAO-6612-

2016 has not been able to rebut the fact that as per settled principle of law

in Pranay Sethi’s case (supra), consortium of Rs. 80,000/- is also to be

awarded to the claimants, which has not been computed by the Tribunal

while assessing the compensation. Keeping in view the facts as recorded

hereinbefore, the compensation for which the claimants are entitled as per

the settled principle of law in Pranay Sethi’s case (supra) is as under :-

CALCULATION OF PROPOSED ENHANCED COMPENSATION

By the Tribunal Modified by this Court
Monthly income Rs. 7,000/- Rs. 8,500/- Addition of future 50% of Rs. 7000 = 40% of Rs. 8500 = Rs. 3400
prospect Rs. 3500
Total monthly income Rs. 7000 + Rs. 3500/- = Rs. 8500 + Rs. 3400/- =
after adding Future Rs. 10500/- Rs. 11,900/-
Prospect
Annual income 10500 X 12 = 126000/- 11900 X 12 = 142800/-
Deduction towards 50% of 126000/- = 50% of 142800/- = Rs. 71400/-
Personal expenditure Rs. 63000/-
(50%)
Multiplier applied (18) 63000 X 18 = 11,34,000/- 71400 X 18 = 12,85,200/-
Funeral expenses 25,000/- 15,000/-
Consortium — 80,000/-
Loss to Estate 25,000/- 15,000/-
Total 1134000+25000+25000 = 1285200+15000+80000+15000 =
Rs. 1184000/- Rs. 1395200/-
Less already awarded —- Rs. 1184000/-
by Tribunal
Enhanced —- Rs. 2,11,200/-
compensation

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The Award of the Tribunal is modified as per chart depicted

hereinbefore.

As per the above calculations, the claimants are entitled for the

compensation of Rs.13,95,200/- instead of Rs.11,84,000/- and award

dated 08.07.2016 passed by the Tribunal is accordingly modified and the

rest of the award dealing with the grant of interest remains same.

Compensation as assessed, be paid to the claimants within a period of two

months from the receipt of copy of this order.

In the facts and circumstances of these cases, both the

appeals are being disposed of in above terms.

April 07, 2021 ( HARSIMRAN SINGH SETHI )
naresh.k/kanchan JUDGE

Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No

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