Judgment:
FAO No.2741 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2741 of 2000 Date of Decision.30.06.2014 Smt.
Kapoor Kaur and others ......Appellants Versus Paramjit Singh and others ......Respondents Present: Mr.Sudhir Rana, Advocate for Mr.R.M.Singh, Advocate for the appellants.
Mr.Ashwani Talwar, 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 52 years in a motor accident on 31.1.1998.
The claimants were widow and two minor children.
He was said to be working as a mason-cum-contractor earning ` 6000/- per month.
In the absence of any documentary proof, the Tribunal took the income of the deceased at ` 4500/- per month, applied a deduction of 1/3rd towards personal expenses of the deceased and applied a multiplier of 11 and assessed the total compensation payable at ` 4,05,500/- 2.
I will take the same income as taken by the Tribunal at ` 4500/- per month.
I will make a deduction of 1/3rd for personal consumption of the deceased and apply a multiplier of 11 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 ` Kamboj Pankaj Kumar 2014.07.02 11:22 I attest to the accuracy and integrity of this document Chandigarh FAO No.2741 of 2000 -2- 3,96,000/-.
I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Jagat Singh Date of accident 31.01.1998 Age 52 years Occupation Mason-cum-contractor Claimants Widow and two minor children Heads of claim Tribunal High Court Sl.
No.Amount Amount (Rs.) (Rs.1 Income 4500 4500 2 Add, % of increase 3 Less, Deduction ½ 1/3rd 3000 4 Multiplicand (annualized by 36,000 multiplying 12) 5 Multiplier 11 11 6 Loss of dependence 3,96,000 3,96,000 7 Medical Expenses 8 Loss of Consortium 5000 1,00,000 9 Loss of love and affection 1,00,000 10 Loss to estate 2500 2500 11 Funeral expenses 2000 7500 Total 4,05,500 6,06,000 3.
The total compensation payable will be ` 6,06,000/-.
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 equally 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 11:22 I attest to the accuracy and integrity of this document Chandigarh