Judgment:
FAO No.4498 of 2010 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4498 of 2010 Date of Decision.30.06.2014 Smt.
Usha Devi and others ......Appellants Versus Naresh Kumar and others ......Respondents Present: Mr.Pawan Sharma, Advocate for the appellant.
Ms.Monika Jangra, Advocate for Ms.Vandana Malhotra, 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 47 years in a motor accident on 29.08.2007.
The claimants were widow, three minor children and mother.
He was said to be earning ` 10,000/- per month by plying tractor on hire basis.
There was no evidence produced on record to show that the deceased was owning a tractor and he was plying the same on hire basis.
In the absence of any cogent evidence to corroborate the version of the claimants, The Tribunal took the income of the deceased at ` 3600/- per month, applied a 1/3rd deduction for personal consumption of the deceased and applied a multiplier of 12 to assess the total compensation payable at ` 3,55,600/- including ` 10,000/- towards funeral expenses and transportation etc.Kamboj Pankaj Kumar 2014.07.02 11:23 I attest to the accuracy and integrity of this document Chandigarh FAO No.4498 of 2010 -2- 2.
I will not modify the income taken by the Tribunal at ` 3600/-.
I will apply a 1/4th deduction towards personal consumption of the deceased and apply a multiplier of 13 suitable to the age of the deceased as per the decision of the Supreme Court in Sarla Verma versus DTC20096) SCC121to assess the loss of dependence at ` 4,21,200/-.
I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Ramesh Kumar Date of accident 29.08.2007 Age 47 years Occupation Plying Tractor on hire basis Claimants Widow, 3 minor children and mother Heads of claim Tribunal High Court Sl.
No.Amount Amount (Rs.) (Rs.1 Income 3600 3600 2 Add, % of increase 3 Less, Deduction 1/4th 2700 4 Multiplicand (annualized by 32,400 multiplying 12) 5 Multiplier 12 13 6 Loss of dependence 3,45,000 4,21,200 7 Medical Expenses 8 Loss of Consortium 1,00,000 9 Loss of love and affection 1,50,000 10 Loss to estate 2500 11 Funeral expenses 10,000 10,000 Total 3,55,000 6,83,700 3.
The total compensation payable will be ` 6,83,700/-.
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, three minor children and mother in such a way that widow and children get twice as much as of the mother.
The liability Kamboj Pankaj Kumar 2014.07.02 11:23 I attest to the accuracy and integrity of this document Chandigarh FAO No.4498 of 2010 -3- 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 11:23 I attest to the accuracy and integrity of this document Chandigarh