Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2166 of 2010 (O&M) Date of decision: 30.06.2014 Darshani Devi and others ..Appellants versus Baljinder Singh and another ...Respondents CORAM: HON’BLE Mr.JUSTICE K.
KANNAN ---- Present: Mr.R.S Budhwar, Advocate, for the appellants.
Mr.Vinod Gupta, Advocate, for respondent No.2.
---- 1.
Whether reporters of local papers may be allowed to see the judgment ?.
No.2.
To be referred to the reporters or not ?.
No.3.
Whether the judgment should be reported in the digest ?.
No.---- K.Kannan, J.
1.
The appeal is for enhancement of claim for compensation for death of a male in an accident that took place on 30.04.2008.
He was said to be an Assistant Food Food Supply Officer in the Agricultural Department of the Haryana Government and drawing a salary of `23,900/- per month.
The claimants were the widow and two sons.
The Tribunal took the income at `15,000/- per month and assessed a compensation of `9,70,000/-.
Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.2166 of 2010 (O&M) -2- 2.
The original papers have been destroyed and I do not have the benefit of any documentary evidence to support the correct age of the deceased.
However, there was evidence to the effect that he was due to retire within next 14 months.
I will, therefore, believe that his age must have been between 55 to 60 years and the appropriate multiplier must be 9 instead of 8 as taken by the Tribunal.
There was also evidence before the Tribunal that even apart from his official engagement, he had agricultural lands and the Tribunal took `3,000/- as the income from the agricultural lands.
While assessing the income, the Tribunal took that he would have earned about 50% of his income on his retirement and he would have got `12,000/- per month as pension and thereby took the income at `15,000/- per month.
Since his retirement was imminent, the Tribunal was justified in taking 50% of the amount as the income which he would have earned.
But, however, I will make a modest increase of income from `15,000/- as taken by the Tribunal to `16,000/-, considering the fact that he had still 14 months of service at a full salary of `23,900/- and the assumption that he would have earned only 50% of the income as though he was already retired.
There is a certain approximation but since I am examining the case only in appeal, I would not find a need for modification unless there was a very serious approach by the Tribunal.
The modest increase from `15,000/- to `16,000/- is only Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.2166 of 2010 (O&M) -3- to ensure that in the manner of application of multiplier to 9, the shortfall of 50% for 14 months is duly compensated by annualizing the income as provided and adopting a multiplier of 9.
I also take note of the fact that he would have paid tax also and a due cut must be therefore provided therefor.
I shall rework the compensation under various heads of claims and tabulate them as under:- Accident 30.04.2008 Prithvi Singh Age Occupation Assistant Food Supply Officer -`23,900 Claimants Widow and 2 sons Heads of claim Tribunal High Court Sr.No.Amount (`) Amount (`) 1.
Income 15,000 16,000 2.
Add,% of increase - 3.
Deduction 1/3 10,666.66 4.
Multiplicand 1,28,000 5.
Multiplier 8 9 6.
Loss of dependence 9,60,000 11,52,000 7.
Medical expenses 8.
Loss of consortium 10,000 1,00,000 9.
Loss of love and affection 2,00,000 10.
Loss to estate 5,000 11.
Funeral expenses 25,000 Total 9,70,000 14,82,000 There shall be an award of `14,82,000/- 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 liability shall be on the Insurance Company.
75% of the amount shall be permitted to be withdrawn and 25% shall be split in three equal portions for each of the claimants, the fiRs.portion for a period of one year, the 2nd portion for a period of two years and the third portion for a period of Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.2166 of 2010 (O&M) -4- 3 years and deposited with the nationalized bank with the direction for disbursal directly without having to file application for withdrawal, but, however, under the advice to the Tribunal.
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