Judgment:
FAO No.117 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.117 of 2003 Date of Decision.04.02.2014 Hari Kishan Singh and others ......Appellants Versus Shri Mehar Singh and another ......Respondents Present: Mr.Rakesh Nehra, Advocate for the appellants.
Mr.Suvir Dewan, Advocate for the insurance company.
CORAM:HON'BLE Mr.JUSTICE K.
KANNAN1 Whether Reporters of local papers 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?.
-.- K.
KANNAN J.(ORAL) 1.
The appeal is by the claimants whose petition was dismissed on the ground that the claimants were sons of the deceased and that the accident was also only by use of a motor vehicle but they had not established their dependence on their father.
The entire approach of the Tribunal was erroneous.
2.
If the deceased was aged 65 yeaRs.who was said to be an agriculturist owning 10 acres of land, he was also said to be doing dairy farming.
I take the loss of managerial skills of the father as ` 3500/-, apply a deduction of 1/3rd, take contribution to the family at ` 2,333.33, adopt a multiplier of 7 in the manner suggested by the Supreme Court in Sarla Verma versus DTC2009(6) SCC121and take the loss of dependence at ` 1,96,000/-.
Here the dependency must be Kamboj Pankaj Kumar 2014.02.07 12:38 I attest to the accuracy and integrity of this document Chandigarh FAO No.117 of 2003 -2- understood as an accrual to an estate which should have been possible for the deceased to which the legal heirs would have been entitled to.
I will also add the conventional heads of claim at ` 5,000/- for funeral expenses and transportation at ` 10,000/-.
The total compensation payable shall be ` 2,11,000/-.
The amount shall also attract interest @7.5% from the date of petition till the date of payment.
3.
The award passed by the Tribunal is set aside and the appeal is allowed.
The liability shall be on the insurance company.
(K.
KANNAN) JUDGE February 04, 2014 Pankaj* Kamboj Pankaj Kumar 2014.02.07 12:38 I attest to the accuracy and integrity of this document Chandigarh