Judgment:
FAO No.4354 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4354 of 2003 Date of Decision.30.06.2014 Usha Devi and others ......Appellants Versus Kali Charan and others ......Respondents Present: Mr. APS Rana, Advocate for the appellants. Mr. D.K. Parjapati, Advocate for Mr. RS Madan, 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 38 years in a motor accident on 06.04.1998. The claimants were widow, son, two minor daughters and parents. He was said to be running a retail shop of sanitaryware in the village earning ` 8,000/- to ` 10,000/- per month. He was an income tax assessee. The income tax return filed by the widow after death of her husband for the assessment year 1998-99 showed the income during that period as ` 75,650/-. The income tax returns filed during the period from 1994-95 to 1998-99 showed a gradual increase in the income of the deceased from ` 37,265/- per annum to ` 75,650/- per annum. The Tribunal did not accept the income tax return fully and took the income of the deceased as ` 4500/- per month, applied a deduction of 1/3rd and adopted a Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh FAO No.4354 of 2003 -2- multiplier of 16 to assess a compensation of ` 5,88,500/- including ` 2500/- for funeral expenses, ` 5000/- for transporting the dead body from Agra to native village of deceased and ` 5,000/- for loss of consortium.
2. I will take the income of the deceased as mentioned in the income tax return for the year 1998-99 as ` 75,650/- per annum and will also provide for a 50% increase for future prospect, apply a 1/4th deduction and adopt a multiplier of 15 suitable to the age of the deceased to assess the loss of dependence. I will also provide for a larger slice of amount under the conventional heads of loss of consortium and loss of love and affection as per recent trends adopted by the Supreme Court in its decisions in Sarla Verma Vs. DTC20096) SCC121and Rajesh v. Rajbir Singh, (2013) 9 SCC54 I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Balbir Kumar Age 38 years Occupation Businessman Claimants Widow, son, two minor daughters and parents Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Income 4500/- pm 75650 pa 2 Add, % of increase 50% 1,13,475 3 Less, Deduction 1/4th 85,106.25 4 Multiplicand (annualized by multiplying 12) 5 Multiplier 16 15 6 Loss of dependence 5,76,000 12,76,594 7 Transportation expenses for dead 5000 body 8 Loss of Consortium 5000 1,00,000 9 Loss of love and affection 1,00,000 Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh FAO No.4354 of 2003 -3- FATAL ACCIDENT Balbir Kumar 10 Loss to estate 2500 11 Funeral expenses 2500 7500 Total 5,88,500 14,86,594 3. The total compensation payable will be ` 14,86,594/-. 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 entitlement shall be distributed amongst the claimants in the ratio of 2:2:2:2:1:1. 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 09:54 I attest to the accuracy and integrity of this document Chandigarh