Punjab and Haryana High Court Enhances Compensation for Fatal Accident Victim

Court Recognizes Future Government Employment in Determining Just Compensation

In a significant ruling, the Punjab and Haryana High Court has revised the compensation awarded to the family of a fatal accident victim, Sonu, acknowledging the deceased's secured future as a government employee. The Court, presided over by Mr. Virinder Aggarwal, J., reassessed the compensation to Rs. 44,55,700, a significant increase from the Rs. 15,93,700 initially awarded by the Motor Accident Claims Tribunal, Hisar.

The case stems from a tragic accident on February 21, 2018, in which 21-year-old Sonu, riding as a pillion passenger, was fatally injured due to the negligent driving of a dumper truck by Baljit Singh. Sonu had been selected for a government post as a Postman/Mail Guard but was unable to commence his duties due to the accident.

The Tribunal's initial assessment of Sonu's monthly income was based on a speculative private employment figure of Rs. 10,000. However, the High Court found this approach flawed, as documentary evidence, including an appointment letter, confirmed Sonu's selection for a government post with a monthly income of approximately Rs. 27,000. The Court emphasized the certainty of future income due to the secured government position and adjusted the compensation accordingly.

Citing precedents set in the cases of Pranay Sethi and Sarla Verma, the High Court applied a 50% future prospects increase to the deceased's income, reflecting the principles applicable to permanent government employees. The Court also highlighted the importance of realistic compensation reflecting actual loss, in line with the Motor Vehicles Act's objective of providing fair recompense to victims' families.

The revised compensation includes amounts for loss of dependency, parental consortium, funeral expenses, loss of estate, and treatment costs, with interest at 7% per annum from the date of filing the claim petition. The judgment holds the Insurance Company liable for payment, affirming the negligence of the driver and the liability of the vehicle owner.

This decision underscores the judiciary's role in ensuring just compensation by considering the deceased's actual earning potential and future employment prospects, rather than relying on speculative assessments.

Bottom Line:

Motor Vehicles Act - Compensation for fatal accident - Future income of deceased to be determined based on secured Government job evidenced by appointment letter, not speculative private employment.

Statutory provision(s): Motor Vehicles Act, 1988 Section 173

Munni Devi v. Pardeep, (Punjab and Haryana) : Law Finder Doc Id # 2812466