Present: Mr. J.S. Virk Advocate Vs. Satpal and Others

Present: Mr. J.S. Virk Advocate vs Satpal and Others

Type Court Judgment Court Punjab and Haryana Decided May 21, 2014

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https://sooperkanoon.com/case/1140887

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Citation: sooperkanoon.com/1140887
Court: Punjab and Haryana High Court
Decided On: May 21, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Present: Mr. J.S. Virk Advocate

Respondent

Satpal and Others

Excerpt

.....of age and though appropriate proof of age would have been possible by production of service records since he was an ex-serviceman and drawing pension, no such proof was adduced. i will, therefore, go with what is stated in the postmortem certificate as the appropriate age. the tribunal took the pension at ` 1800/- per month and provided for compensation of ` 75,000/-. i will rework the compensation and provide for ` 50,000/- as loss of consortium considering the fact that the deceased was a senior citizen and the wife herself is more than 60 years of age. the various heads of claim are tabulated as under:- kamboj pankaj kumar 2014.05.21 17:09 i attest to the accuracy and integrity of this document chandigarh fao no.3190 of 2004 -2- fatal accidents kartar singh 19.06.2001 age 70 years occupation ex-serviceman claimants widow, son heads of claim tribunal high court sl. no.amount amount (rs.) (rs.1 income 1800 1800 2 add, % of increase 30% / 50% 3 less, deduction 1/3 1200 4 multiplicand (annualized by 14,400 multiplying 12) 5 multiplier 5 5 6 loss of dependence 72,000 72,000 7 medical expenses & transportation 8 loss of consortium 50,000 9 loss of love and affection 10 loss to estate 2500 11 funeral expenses 3,000 10,000 total 75,000 1,34,500 2. the compensation payable shall be ` 1,34,500/-. the additional compensation shall also attract interest @7.5% from the date of petition till the date of payment and the entitlement shall be enforced against the insurance company. the amount shall be distributed equally between the claimants. 3. the award stands modified and the appeal is allowed to the above extent. (k. kannan) judge may 21, 2014 pankaj* kamboj pankaj kumar 2014.05.21 17:09 i attest to the accuracy and integrity of this document chandigarh

Full Judgment

FAO No.3190 of 2004 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3190 of 2004 Date of Decision.21.05.2014 Malkiat Kaur and another ......Appellants Versus Satpal and others ......Respondents Present: Mr.J.S.Virk, 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 ?.

To be referred to the Reporters or not ?.

Whether the judgment should be reported in the Digest?.

-.- K.

KANNAN J.

The appeal is for enhancement of compensation for the death of a male aged 70 yeaRs.The claimants who were widow and son stated that the deceased was 65 years of age and though appropriate proof of age would have been possible by production of service records since he was an ex-serviceman and drawing pension, no such proof was adduced.

I will, therefore, go with what is stated in the postmortem certificate as the appropriate age.

The Tribunal took the pension at ` 1800/- per month and provided for compensation of ` 75,000/-.

I will rework the compensation and provide for ` 50,000/- as loss of consortium considering the fact that the deceased was a senior citizen and the wife herself is more than 60 years of age.

The various heads of claim are tabulated as under:- Kamboj Pankaj Kumar 2014.05.21 17:09 I attest to the accuracy and integrity of this document Chandigarh FAO No.3190 of 2004 -2- FATAL ACCIDENTS Kartar Singh 19.06.2001 Age 70 years Occupation Ex-serviceman Claimants Widow, son Heads of claim Tribunal High Court Sl.

No.Amount Amount (Rs.) (Rs.1 Income 1800 1800 2 Add, % of increase 30% / 50% 3 Less, Deduction 1/3 1200 4 Multiplicand (annualized by 14,400 multiplying 12) 5 Multiplier 5 5 6 Loss of dependence 72,000 72,000 7 Medical Expenses & Transportation 8 Loss of Consortium 50,000 9 Loss of love and affection 10 Loss to estate 2500 11 Funeral expenses 3,000 10,000 Total 75,000 1,34,500 2.

The compensation payable shall be ` 1,34,500/-.

The additional compensation shall also attract interest @7.5% from the date of petition till the date of payment and the entitlement shall be enforced against the insurance company.

The amount shall be distributed equally between the claimants.

The award stands modified and the appeal is allowed to the above extent.

(K.

KANNAN) JUDGE May 21, 2014 Pankaj* Kamboj Pankaj Kumar 2014.05.21 17:09 I attest to the accuracy and integrity of this document Chandigarh

Same Court & Year Punjab and Haryana · 2014 Same Parties Present: Mr. J.S. Virk Advocate vs Satpal and Others Same Subject Land Acquisition