Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.757 of 2004 (O&M) Date of decision:30.05.2014 Smt.
Kaushlya and another ..Appellants versus Parveen Kumar and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.
KANNAN ---- Present: Mr.Anil Ghanghas, Advocate, for the appellants.
Mr.Neeraj Khanna Advocate, and Mr.Raj Kumar Bashamboo, Advocate, for respondent No.3-United India Insurance Company.
---- K.Kannan, J.
(Oral) 1.
The appeal is for enhancement of claim for compensation for death of a male, aged 22 yeaRs.in an accident that took place on 15.01.1999.
He was said to be taking care of transport business in a modest way by the jeep purchased by his father for use as a public service vehicle.
Although the wife had stated that her husband was earning about `6,000/-, the Tribunal took the income at `1,500/- per month and assessed a compensation of `1,44,000/-, by applying a multiplier of 12.
The assessment to compensation is grossly low.
The Tribunal has applied a wrong multiplier and also has not provided for any of the conventional heads of claiMs.I shall rework the compensation taking the value of the services for taking Kumar Sanjeev 2014.06.18 13:36 I attest to the accuracy and integrity of this document FAO No.757 of 2004 (O&M) -2- care of jeep at `2,000/- and making a provision for 50% increase and assess the compensation under various heads of claim as under:- Accident 15.01.1999 Age 20 years Occupation Transport business ` 6,000 Claimants Widow, minor son Heads of claim Tribunal High Court Sr.No.Amount (`) Amount (`) 1.
Income 1,500 2,000 2.
Add,% of increase 30%/50% 1,000 3.
Deduction ½, 1/3, ¼, 1/5 2,000 4.
Multiplicand 24,000 5.
Multiplier 12 18 6.
Loss of dependence 4,32,000 7.
Medical expenses 8.
Loss of consortium 1,00,000 9.
Loss of love and affection 1,00,000 10.
Loss to estate 2,500 11.
Funeral expenses 5,000 Total 1,44,000 6,39,500 There shall be an award of `6,39,500/- and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment.
The award shall be distributed equally amongst the claimants.
The liability shall be on the insurer.
2.
The award stands modified and the appeal is allowed to the above extent.
(K.KANNAN) JUDGE3005.2014 sanjeev Kumar Sanjeev 2014.06.18 13:36 I attest to the accuracy and integrity of this document