BRIEF FACTS OF THE CASE
- Rajinder Pal Sharda, Param Pal Sharda (appellant No. 1 in this case), Nitin Sharda, and a man named Harmail Singh were traveling from Ludhiana to Patiala in a Hyundai Accent Car with the registration number PB11AE9400, which was being driven by Nitin Sharda. A Scorpio Car with the registration number PB23D0109, driven by Harjinder Singh (respondent No. 2 herein), drove from the opposite direction in a zigzag pattern and crashed into the aforementioned Hyundai Accent Car when they arrived opposite Harman Farm House Palace, Sir hind Road, Patiala.
- Rajinder Pal Sharda passed away instantly. The other three, Nitin Sharda, Param Pal Sharda, and Harmail Singh, were transported to Rajendra Hospital in Patiala, where Nitin Sharda and Harmail Singh died from their wounds. By Sections 279 and 304A of the Indian Penal Code, 1860, a First Information Report No. 397 was filed at P.S. Sadar, Patiala, against Harjinder Singh (respondent No. 2 herein).
LEGAL ISSUE
Whether the Tribunal and the High Court made significant errors in determining the deceased’s monthly income?
ARGUMENTS RAISED BY THE APPELLANT
Ms. Eliza Bar, skilled counsel arguing on behalf of the appellants, contends that both the Tribunal and the High Court made grave errors in assessing the deceased Nitin Sharda’s monthly salary at Rs.6,000/.
ARGUMENTS RAISED BY THE RESPONDENT
Mr. Vishnu Mehra, learned counsel appearing on behalf of respondent No.3Insurance Company, contends that both the Tribunal and the High Court, after taking into account that the deceased Nitin Sharda was employed in a private firm and that it was not a permanent job, correctly disbelieved the salary certificate showing the deceased Nitin Sharda’s monthly salary at the rate of Rs. Learned counsel contends that no interference with the concurrent findings of the High Court and the Tribunal that the deceased Nitin Sharda’s monthly income was Rs.6,000/ is necessary.
OBSERVATION BY THE COURT
A review of the Tribunal’s order dated August 27, 2009, in MAC No.15T/19.12.07/23.12.08 reveals that the appellants have placed on record the Salary Certificate of the dead Nitin Sharda. The Pay Certificate stated a monthly salary of Rs.15,000/. It is also worth noting that the appellants have interviewed Mr. Rajiv Bhardawaj, a Clerk at Regent Strips Pvt. Ltd. in Mandi Gobindgarh, who has provided the Salary Certificate. According to the records on file, the deceased Nitin Sharda was employed as a Manager at the aforementioned Regent Strips.
Gobindgarh Pvt. Nitin Sharda was a qualified individual who had completed his Master of Arts in History from Punjab University and was also pursuing his M. Phil. in History via correspondence from Himachal Pradesh University. He had already completed the first semester of the aforementioned course in April 2007.
Given that the Salary Certificate was correctly established, we believe that the Tribunal and the High Court erred in not assigning it due weightage. We believe that the compensation to be paid in connection with the death of the dead Nitin Sharda should be calculated using his monthly salary of Rs.15,000/, and as such, we are inclined to grant the current appeals.
RATIO DECIDENDI :
The appellants will be paid the additional compensation of Rs.13,61,000/, plus interest at the rate of 6% per annum, within three months of the date of this order.
JUDGEMENT
The appeals are allowed in the above terms. No order as to costs. Pending applications, if any, shall stand disposed of.
By: M.sahithi
GITAM SCHOOL OF LAW
C.A. No. 6772-6773/2022 – D.No. 10390 / 2021 19-Sep-2022