Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1683 of 1994 (O&M) Date of decision:30.06.2014 Sarla Rani and others ..Appellants versus Sh.
Lakhbir Singh and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.
KANNAN ---- Present: Mr.Kunal Mulwani, Advocate, for Mr.Chetan Mittal, Senior Advocate, for the appellants.
Mr.D.K.Dogra, Advocate, for respondent No.3-Insurance Company.
---- K.Kannan, J.
1.
The appeal is for enhancement of claim for compensation for death of a male, aged 55 yeaRs.in an accident that took place on 01.01.1992.
The deceased was running a karyana shop and was said to be earning about `3,000/- per month.
The claimants were widow, 2 major 1 minor children.
The Tribunal assessed a compensation of `72,000/-.
2.
The Tribunal found that there was nothing to show that the deceased was having a karyana shop.
It was elicited through the son that the father was maintaining an account book and finding that the same had not been filed in court, the Tribunal took the income at `900/- per month.
Instead, I will take the income `2,500/- per month Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.1683 of 1994 (O&M) -2- and redetermine the compensation under various heads of claims and tabulate them as under:- Accident 01.01.1992 Som Nath Age 55 years Occupation Karyana shop `3,000/- per month Claimants Widow, 2 major 1 minor children Heads of claim Tribunal High Court Sr.No.Amount (`) Amount (`) 1.
Income 900 2,500 2.
Add,% of increase - 3.
Deduction ¼, 1,875 4.
Multiplicand 22,500 5.
Multiplier 10 11 6.
Loss of dependence 72,000 2,47,500 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 72,000 4,55,000 There shall be an award of `4,55,000/- 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 amount shall be distributed equally amongst the claimants.
The right of enforcement shall be available against the Insurance Company.
3.
The award stands modified and the appeal is allowed to the above extent.
(K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document