Judgment:
FAO No.2758 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2758 of 2000 Date of Decision.30.06.2014 Smt. Gyano Devi and others ......Appellants Versus Kuldeep Singh and others ......Respondents Present: Mr. Mohinder Singh, Advocate for the appellants. Mr. Pradeep Kumar, Advocate for the 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 40 years in a motor accident on 13.02.1999. The claimants were widow, one major and four minor children and mother. He was said to be working as AIM in HVPN Limited drawing a salary of ` 5538/- per month. The Tribunal took the income of the deceased at ` 5538/-, applied a deduction of ` 923/- for personal consumption of the deceased and applied a multiplier of 15 to assess the total compensation payable at ` 8,40,700/- including ` 10,000/- towards last rites.
2. I will take the same income as taken by the Tribunal at ` 5538/- but I will also provide for a prospect of future increase at 50%. I will apply a multiplier of 15 suitable to the age of the deceased as per the decision of the Supreme Court in Sarla Verma Vs. DTC20096) SCC121to assess the loss of dependence at ` 11,96,208/-. I will rework Kamboj Pankaj Kumar 2014.07.02 11:22 I attest to the accuracy and integrity of this document Chandigarh FAO No.2758 of 2000 -2- the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Hoshiar Singh Date of accident 13.02.1999 Age 40 years Occupation AIM in HVPN Ltd. Claimants Widow, 1 major and 4 minor children, mother Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Income 5538/- 5538/- 2 Add, % of increase 50% 8307/- 3 Less, Deduction 1/5th 923/- 6645.60 4 Multiplicand (annualized by 55,380/- 79,747.20 multiplying 12) 5 Multiplier 15 15 6 Loss of dependence 8,30,700 11,96,208 7 Medical Expenses 8 Loss of Consortium 1,00,000 9 Loss of love and affection 2,50,000 10 Loss to estate 2500 11 Funeral expenses 10,000 10,000 Total 8,40,700 15,58,708 3. The total compensation payable will be ` 15,58,708/-. The additional 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 enhanced amount shall be distributed amongst widow, children and mother in such a way that widow and children get twice as much as the mother. The liability shall be in the same manner as determined by the Tribunal.
4. The award stands modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE June 30, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.02 11:22 I attest to the accuracy and integrity of this document Chandigarh