Full Judgment
F.A.O No.4574 of 2011 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No.4574 of 2011 (O&M) Date of decision : January 21, 2014 Paramjit Kaur and otheRs......Appellants v.
Baldev Singh and otheRs......Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Ms.Gurleen Dhanora, Advocate for Mr.SS Khaira, Advocate for the appellants.
Mr.Ranjit Singh Advocate for Mr.AS Manaise, Advocate for respondents No.1 and 2.
Mr.Raja BS Jain, Advocate for respondent No.3.
*** 1.
Whether Reporters of Local Newspapers may be allowed to see the judgment ?.
2.
To be referred to the Reporters or not ?.
3.
Whether the judgment should be reported in the Digest ?.
*** AJAY TEWARI, J (Oral) C.M No.16900 CII of 2011 This is an application for condonation of delay of 844 days in filing the appeal.
The reason given is that papers had been given for filing the appeal but the file was mis-placed in the office of the learned counsel.
This application has been supported by an affidavit of the learned counsel.
For the reasons recorded, this application is allowed and delay of 844 days in filing the appeal is condoned.
Kumar Kishan 2014.02.04 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.4574 of 2011 (O&M) ::2:: FAO No.4574 of 2011 This appeal has been filed by the appellants/claimants for enhancement of compensation.
Brief facts are that on 27.3.2004, at about 4.25 pm, when Tarlok Singh, since deceased, was standing at bus stand barrier on the side of the road on his scooter, a tractor trolley (offending vehicle) being driven by respondent No.1 hit him, as a result of which Tarlok Singh died.
The Tribunal held respondent No.1 responsible for causing the accident in question.
Income of the deceased was assessed as Rs.2000/- per month, and after applying multiplier of 15 and deducting 1/3rd, total compensation was assessed as Rs.2,40,000/-.
Respondent No.3-Insurance Company was held liable to pay the entire compensation.
Counsel for the appellants has argued that income of the deceased assessed by the Tribunal is grossly inadequate.
He has further argued that nothing has been awarded under conventional heads as well as towards loss of love and affection and consortium.
He has placed reliance on the decisions of the Hon'ble Supreme Court in Rajesh and others vs Rajbir Singh and otheRs.2013(9) SCC54 and Vimal Kanwar and others vs Kishore Dan and otheRs.(2013-3) PLR776 Admittedly, in 2004, minimum wages in Punjab were Rs.2260/-.
Consequently, monthly income of the deceased is assessed as Rs.2260/-.
As regards future prospects, I grant 30% increase, since the age of the deceased was 40 yeaRs.As regards compensation regarding loss of love and affection, counsel for the respondent-Insurance Company has argued that the Hon'ble Kumar Kishan 2014.02.04 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No.4574 of 2011 (O&M) ::3:: Supreme Court in Rajesh and otheRs.case (supra) granted a total amount of Rs.1 lac towards loss of consortium to the widow and Rs.1 lac to three minor children for loss of care and guidance.
Counsel for the appellants, on the other hand, has contended that in Vimal Kanwar and otheRs.case (supra).the Hon'ble Supreme Court awarded a sum of Rs.1 lac to the widow and a sum of Rs.2 lac to the minor girl on account of loss of love and affection, and another sum of Rs.1 lac towards loss of consortium to the widow.
I award Rs.1 lac to appellant No.1, Rs.50,000/- to appellant No.2, and Rs.1 lac to appellant No.3 who is the minor daughter towards loss of love and affection and Rs.75,000/- to appellant No.1 towards loss of consortium.
I further award Rs.20,000/- as funeral expenses and rate of interest as 8% instead of 6%.
The appeal stands disposed of in the above terMs.( AJAY TEWARI ) January 21, 2014 JUDGE `kk' Kumar Kishan 2014.02.04 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh