Judgment:
FAO No.1647 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.1647 of 2007 (O&M) Date of decision : 19.02.2014 Nirmala Devi and others .....Appellants versus Narinder Singh and others .....Respondents CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.Gaurav Jain, Advocate for Mr.Anil Malik, Advocate for the appellants.
Mr.R.K.Bashamboo, Advocate for the respondent No.3-insurance company.
*** 1.
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?.
AJAY TEWARI, J.
(Oral) This appeal has been filed by the claimants for the enhancement of compensation and to modify the award dated 30.01.2007 awarding compensation of Rs.2.35 lacs on account of death of Karmu (aged 45 yeaRs.along with interest @ 7.5% p.a.Brief facts are that Karmu died on 01.03.2006 due to injuries suffered by him in motor accident.
He left behind his wife and two minor children.
The Tribunal had assessed the dependency at Rs.15,000/-p.a.and Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh FAO No.1647 of 2007 (O&M) -2- applied the multiplier of 15.
The Tribunal further awarded Rs.10,000/- towards funeral expenses and loss of consortium.
Learned counsel for the appellants has argued that the computation of the income by the Tribunal is completely flawed.
As per him, in the year 2006 when the accident took place the minimum wages for unskilled worker was about Rs.3000/- p.m.and the deduction of 1/3rd could have been made for personal expenses.
I find that this is indeed so.
Consequently, I take the income of the deceased as Rs.3000/- p.m.and the deduction is fixed at 1/3rd for dependency.
Learned counsel for the respondent No.3-insurance company has argued that multiplier of 14 has to be applied instead of 15 as per the age of the deceased as held by the Hon'ble Supreme Court in Sarla Verma and others v.
Delhi Transport Corporation and another, 2009 ACJ1298 I find this to be indeed so.
Consequently, I reduce the multiplier to 14.
Learned counsel for the appellants has further argued that some more amount has to be awarded on account of loss of consortium since only an amount of Rs.5000/- has been awarded under this head and has relied upon Rajesh and others v.
Rajbir Singh and others reported as 2013(9) SCC54 He has further argued that 30% has to be added to the income on account of future prospects.
Learned counsel for the appellants has further argued that under conventional heads only an amount of Rs.5000/- has been awarded Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh FAO No.1647 of 2007 (O&M) -3- and has relied upon the decision of the Hon'ble Supreme Court in Vimal Kanwar and others versus Kishore Dan and otheRs.(2013-3) PLR776 Learned counsel for the respondent No.3-insurance company has argued that the Hon'ble Supreme Court in Rajesh and otheRs.case (supra) granted a total amount of `1 lac towards loss of consortium to the widow and `1 lac to three minor children for loss of care and guidance.
Learned 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 `1 lac to the widow and a sum of `2 lac to the minor girl on account of loss of love and affection, and another sum of `1 lac towards loss of consortium to the widow.
Keeping in view the entire conspectus of facts, I award `50,000/- on account of loss of love and affection and `45,000/- more on account of loss of consortium to the appellant No.1-widow.
I further grant `1 lac to the appellant No.2 and ` 50,000/- to the appellant No.3 on account of loss of love and affection.
I also add future prospects in the income with the addition of 30% in view of the observations made by this Court in FAO No.929 of 2014(O&M).titled as National Insurance Company Limited v.
Gurdev Kaur and otheRs.decided on 18.02.2014.
I further award `15,000/- more towards funeral expenses and transportation.
It is made clear that all the enhanced amount shall be paid along with the same rate of interest as awarded by the Tribunal from the date of filing of the claim petition till the date of realization.
Apart from the individual amount awarded, apportionment and management of the compensation would be as per the Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh FAO No.1647 of 2007 (O&M) -4- direction of the Tribunal.
The appeal is disposed of in the above terms and the award is modified accordingly.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI ) February 19, 2014 JUDGE ashish Sharma Ashish 2014.03.05 09:36 I attest to the accuracy and integrity of this document Chandigarh