Judgment:
FAO No.4221 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4221 of 2003 Date of Decision.30.06.2014 Smt. Mandeep Kaur and others ......Appellants Versus Bahadur Singh and others ......Respondents Present: Mr. B.S. Jaswal, 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 29 years in a motor accident on 18.04.1999. The claimants were widow and four minor children. He was said to be working as a Fitter with M/s New Burma Scales, Railway Road, Tarn Taran drawing a salary of ` 4,000/- per month. In the absence of any documentary proof produced for the income of the deceased from the employer, the Tribunal took the income of the deceased at ` 2500/- per month, made a deduction of ` 500/- towards personal expenses of the deceased and applied a multiplier of 15 to assess the total compensation payable at ` 3,60,000/-.
2. I will take the same income as taken by the Tribunal at ` 2500/- per month but I will also provide for prospect of future increase Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh FAO No.4221 of 2003 -2- 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 age of the deceased as per the decision of the Supreme Court in Sarla Verma Vs. DTC20096) SCC121to assess the loss of dependence at ` 5,73,750/-. I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Jaswant Singh Date of accident 18.04.1999 Age 29 years Occupation Fitter Claimants Widow, four minor children and mother Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Income 2500 2500 2 Add, % of increase 50% 3750 3 Less, Deduction 1/4th 500 2812.50 4 Multiplicand (annualized by 33,750 multiplying 12) 5 Multiplier 15 17 6 Loss of dependence 5,73,750 7 Medical Expenses 8 Loss of Consortium 1,00,000 9 Loss of love and affection 2,00,000 10 Loss to estate 2500 11 Funeral expenses 5000 Total 3,60,000 8,81,250 2. The total compensation payable will be ` 8,81,250/-. 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 the claimants in such a way that the widow and children will get twice as much as the mother. The liability shall be in the same Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh FAO No.4221 of 2003 -3- manner as determined by the Tribunal.
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 09:54 I attest to the accuracy and integrity of this document Chandigarh