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TMI Blog2013 (4) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Department in the State of Haryana. The salary certificate, Ext. P-3, filed along with the claim petition filed on 26-11-2007, showed that the deceased was drawing a monthly salary of ₹ 6926. The Tribunal deducted ⅓rd of the amount towards personal expenses, applied the multiplier of 16 and further awarded an amount of ₹ 10,000 towards all other conventional heads and the compensation was rounded off to ₹ 8,96,500 with interest @ 7.5% from the date of the filing of the petition. It was also held that 60% of the compensation awarded would go to the widow and the remaining 40% was to be equally shared by the minor children and mother. The share of the minor children was directed to be deposited in their name in a nationalised bank till they attained majority. 4. Dissatisfied, the claim petitioners except the mother approached the High Court of Punjab and Haryana. The mother was made a pro forma respondent. The High Court, following Sarla Verma v. DTC Sarla Verma v. DTC, 2009 6 SCC 121, modified3 the award holding that only th should have been deducted from the income. An amount of ₹ 10,000 was also awarded for loss of consortium in addition to & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osh Devi v. National Insurance Co. Ltd., 2012 6 SCC 421, authored by one of us (G.S Singhvi, J.), Sarla Verma case has further been explained with regard to the settled norms. It has been held in para 11 as follows: (Santosh Devi case, SCC p. 426) 11. We have considered the respective arguments. Although the legal jurisprudence developed in the country in last five decades is somewhat precedent-centric, the judgments which have bearing on socio-economic conditions of citizens and issues relating to compensation payable to the victims of motor accidents, those who are deprived of their land and similar matters needs to be frequently revisited keeping in view the fast-changing societal values, the effect of globalisation on the economy of the nation and their impact on the life of the people. Consequently, it has been held at paras 14 to 18, as follows: (Santosh Devi case, SCC pp. 428-29) 14. We find it extremely difficult to fathom any rationale for the observation made in para 24 of the judgment in Sarla Verma case that where the deceased was self-employed or was on a fixed salary without provision for annual increment, etc. the courts will usually take only the actual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , blacksmith, cobbler, mason, etc. 18. Therefore, we do not think that while making the observations in the last three lines of para 24 of Sarla Verma judgment, the Court had intended to lay down an absolute rule that there will be no addition in the income of a person who is self-employed or who is paid fixed wages. Rather, it would be reasonable to say that a person who is self-employed or is engaged on fixed wages will also get 30% increase in his total income over a period of time and if he/she becomes victim of an accident then the same formula deserves to be applied for calculating the amount of compensation. 8. Since, the Court in Santosh Devi case actually intended to follow the principle in the case of salaried persons as laid down in Sarla Verma case and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as an application for compensation. 13. Section 158(6) of the Act reads as follows: 158. Production of certain certificates, licence and permit in certain cases.-(1)-(5) *** (6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the insurer concerned, and, where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and insurer. 14. Section 166(4) of the Act reads as follows: 166. (4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of Section 158 as an application for compensation under this Act. 15. Prior to the amendment in 1994, it was left to the discretion of the Tribunal as to whether the report be treated as an application or not. The pre-amended positio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the right of a spouse to get compensation even during the period of temporary disablement. By loss of consortium, the courts have made an attempt to compensate the loss of spouse's affection, comfort, solace, companionship, society, assistance, protection, care and sexual relations during the future years. Unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the pecuniary loss, it would not be proper to award a major amount under this head. Hence, we are of the view that it would only be just and reasonable that the courts award at least rupees one lakh for loss of consortium. 18. We may also take judicial notice of the fact that the Tribunals have been quite frugal with regard to award of compensation under the head funeral expenses . The price index , it is a fact has gone up in that regard also. The head funeral expenses does not mean the fee paid in the crematorium or fee paid for the use of space in the cemetery. There are many other expenses in connection with funeral and, if the deceased is a follower of any particular religion, there are several religious practices and conventio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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