Judgment:
FAO No.521 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.521 of 2000 Date of Decision.30.06.2014 Jai Inder Paul Kaur and another ......Appellants Versus Shamshad Ahmed and others ......Respondents Present: Mr. Dhirinder Chopra, Advocate for the appellants. Mr. Suman Jain, 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 19.03.1994. The claimants were widow and the minor son. The deceased was said to be working as a Salesman with IIFFCO at Patiala drawing a salary of ` 4000/- per month The Accounts Officer of Indian Farmers Cooperative Limited was examined as AW2 who stated that after deduction, the deceased was paid ` 56,545.97 for the period from 01.04.1993 to 19.03.1994. Though there was proof that the deceased was earning ` 56,454.97 per annum, the Tribunal took the income of the deceased at ` 4000/- per month as stated by the claimants. It applied a deduction of 1/3rd for personal expenses and adopted a multiplier of 12 suitable to the age of the deceased to assess a compensation payable at ` 4 lacs including ` Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh FAO No.521 of 2000 -2- 11,200/- for loss to estate and loss of consortium.
2. The approach adopted by the Tribunal is wholly erroneous. I will take the income of the deceased at ` 56,454.97 per annum and also provide for an increase of 50% for future prospect. I will make a deduction of 1/3rd for personal consumption of the deceased and apply the 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 ` 8,48,175/-. I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Kanwardeep Singh Date of accident 19.03.1994 Age 38 years Occupation Salesman Claimants Widow and minor son Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Income per annum 4,000 56,545 p.a. 2 Add, % of increase 50% 84,817 3 Less, Deduction 1/3rd 56,545 4 Multiplicand (annualized by multiplying 12) 5 Multiplier 12 15 6 Loss of dependence 3,88,000 8,48,175 7 Medical expenses 8 Loss of Consortium 11,200 1,00,000 9 Loss of love and affection 50,000 10 Loss to estate 2500 11 Funeral expenses 7500 Total 4,00,000 10,08,175 3. The total compensation payable will be ` 10,08,175/-. 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. Kamboj Pankaj Kumar 2014.07.02 09:55 The entitlement shall be distributed equally I attest to the accuracy and integrity of this document Chandigarh FAO No.521 of 2000 -3- amongst the claimants. 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 09:55 I attest to the accuracy and integrity of this document Chandigarh