Judgment:
FAO No.2090 of 2004 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2090 of 2004 Date of Decision.
21.04.2014 Manjit Kaur and others ......Appellants Versus Ravinder Kumar and others ......Respondents Present: Ms.Neha Jain, Advocate for Mr.Krishan Singh Dadwal, Advocate for the appellants.
Mr.Kuldeep Joshi, Advocate for Mr.HaRs.Aggarwal, Advocate for respondent No.2.
Mr.D.K.Dogra, Advocate for respondent No.3-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.
1.
The appeal is for enhancement of compensation for death of a male aged 28 yeaRs.The claimants are the widow, two minor children and parents.
The accident took place on 04.01.1999.
The deceased was a pillion rider of scooter which was hit by a maruti van coming from the opposite side alleged to be driven rashly and negligently resulting in death of the deceased and injuring other persons.
2.
The Tribunal while awarding the compensation took the income of the deceased as ` 2400/- per month, made a 1/3rd deduction and applied a multiplier of 16 to assess the compensation at ` 3,10,000/- including ` 3,000/- towards funeral expenses.
The deceased Kamboj Pankaj Kumar 2014.04.25 17:01 I attest to the accuracy and integrity of this document Chandigarh FAO No.2090 of 2004 -2- was said to be engaged in agricultural work and was doing dairy business also earning about ` 12,000/- per month.
I will take the loss of managerial skills of the deceased at ` 3,000/-, make a 1/4th deduction and apply a multiplier of 16 instead of 14 as adopted by the Tribunal.
I will add ` 1 lac for loss of consortium to the wife and another ` 1 lac each for children towards loss of love and affection.
I will tabulate the compensation assessed as under:- FATAL ACCIDENTS Age 28 years Occupation Agriculture and dairy business Claimants Widow, 2 minor children and parents Heads of claim Tribunal High Court Sl.
No.Amount Amount (Rs.) (Rs.1 Income 2400 3000 2 Add, % of increase 30% 3 Less, Deduction 1/3rd 1/4th 4 Multiplicand (annualized by multiplying 12) 27000 5 Multiplier 16 17 6 Loss of dependence 3,07,000 4,59,000 7 Medical Expenses & Transportation 8 Loss of Consortium 1,00,000 9 Loss of love and affection 2,00,000 10 Loss to estate 11 Funeral expenses 3000 10000 Total 3,10,000 7,69,000 3.
The total compensation payable shall be ` 7,69,000/-.
The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment.
The liability shall be in the same manner as determined by the Tribunal.
The entitlement shall be distributed amongst the widow, minor children and parents in the ratio of 2:2:2:1:1.
Kamboj Pankaj Kumar 2014.04.25 17:01 I attest to the accuracy and integrity of this document Chandigarh FAO No.2090 of 2004 -3- 4.
The award passed by the Tribunal stands modified and the appeal is allowed to the above extent.
(K.
KANNAN) JUDGE April 21, 2014 Pankaj* Kamboj Pankaj Kumar 2014.04.25 17:01 I attest to the accuracy and integrity of this document Chandigarh