Judgment:
FAO No.262 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.262 of 2000 Date of Decision.30.06.2014 Smt.
Raj Rani and others ......Appellants Versus Pawan Kumar Sharma and others ......Respondents Present: Mr.HaRs.Kinra, Advocate for the appellants.
Mr.Sahil Khunger, Advocate for respondent No.3.
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 49 years in a motor accident on 08.01.1999.
The claimants were widow and two major and two minor children.
He was said to be working as a Head Constable in Haryana Police drawing a salary of ` 8266/- per month.
The Tribunal took the income of the deceased at ` 8000/- per month It applied a deduction of ` 2700/- for personal expenses and took the monthly contribution to the family at ` 5300/- per month.
The Tribunal applied a multiplier of 11 and assessed the compensation payable at ` 7,06,600/- including ` 7000/- towards funeral expenses and loss of consortium.
2.
I find the approach of the Tribunal to be wholly deficient.
I will take the income of the deceased at ` 8266/- as shown in the salary Kamboj Pankaj Kumar 2014.07.02 09:53 I attest to the accuracy and integrity of this document Chandigarh FAO No.262 of 2000 -2- certificate, provide a future prospect of increase at 30% but make a 10% deduction towards income tax.
I will make a deduction of 1/4th for 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 ` 11,31,532/-.
I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Shashi Nath Date of accident 08.01.1999 Age 49 years Occupation Head Constable in Haryana Police Claimants Widow and 4 children Heads of claim Tribunal High Court Sl.
No.Amount Amount (Rs.) (Rs.1 Income 8000 8260 2 Add, % of increase 30% less 10% tax 9671.21 th 3 Less, Deduction 1/4 7253.41 4 Multiplicand (annualized by 87,040.98 multiplying 12) 5 Multiplier 11 13 6 Loss of dependence 6,99,600 11,31,532.70 7 Medical Expenses 15,000 10,000 8 Loss of Consortium 1,00,000 9 Loss of love and affection 2,00,000 10 Loss to estate 5000 11 Funeral expenses 7000 10,000 Total 7,21,600 14,56,532 2.
The total compensation payable will be ` 14,56,532/-.
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 equally amongst the claimants.
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.262 of 2000 -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