Judgment:
FAO No.2862 of 2004 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2862 of 2004 Date of Decision.30.06.2014 Baljit Singh and others ......Appellants Versus Dalbir Singh and another ......Respondents Present: Mr.Ramesh Sharma, Advocate for the appellants.
Mr.D.K.Dogra, 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 29 years in a motor accident on 16.06.2000.
The claimants were widow, minor son, parents and brother.
He was said to be working as a Constable in Police Department drawing a salary of ` 7033/- per month.
The Tribunal took the income of the deceased at ` 7033/- per month, applied a deduction of 1/3rd towards personal expenses of the deceased and applied a multiplier of 17 and assessed the total compensation payable at ` 9,68,300/-.
2.
I will take the same income as taken by the Tribunal at ` 7033/- per month but I will also provide for a future prospect of increase at 50% .
I will make a deduction of 1/4th for personal consumption of the deceased and apply a multiplier of 17 suitable to the Kamboj Pankaj Kumar 2014.07.02 09:53 I attest to the accuracy and integrity of this document Chandigarh FAO No.2862 of 2004 -2- age of the deceased as per the decision of the Supreme Court in Sarla Verma versus DTC20096) SCC121to assess the loss of dependence at ` 16,14,073.50/-.
I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Jasbir Singh Date of accident 16.06.2000 Age 29 years Occupation Constable Claimants Widow, minor son, parents and brother Heads of claim Tribunal High Court Sl.
No.Amount Amount (Rs.) (Rs.1 Income 7033/- 7033/- 2 Add, % of increase 50% 10,549.50 3 Less, Deduction 1/4th 1/3rd 7912.12 4 Multiplicand (annualized by 94,945.50 multiplying 12) 5 Multiplier 17 17 6 Loss of dependence 9,58,000 16,14,073.50 7 Medical Expenses 8 Loss of Consortium 5,000 1,00,000 9 Loss of love and affection 50,000 10 Loss to estate 2500 5,000 11 Funeral expenses 2000 10,000 Total 9,68,300 17,79,073.5 2.
The total compensation payable will be ` 17,79,073.50/- rounded off to ` 17,79,100/-.
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 between the widow, minor son and parents only in the ratio of 2:2:1:1:.
The liability shall be in the same manner as determined by the Tribunal.
Kamboj Pankaj Kumar 2014.07.02 09:53 I attest to the accuracy and integrity of this document Chandigarh FAO No.2862 of 2004 -3- 3.
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 09:53 I attest to the accuracy and integrity of this document Chandigarh