Judgment:
FAO No.377 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.377 of 2000 Date of Decision.30.06.2014 Partap son of Sh. Udmi Ram and others ......Appellants Versus Tilak Raj and others ......Respondents Present: Mr. Jintender Dhanda, Advocate for the appellants. Mr. Rajesh K. Sharma, Advocate for respondent No.6. 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 female aged 35 years in a motor accident on 27.6.1995. The claimants were husband and four minor children . She was a householder and also used to assist her husband in agricultural operations earning ` 2000/- per month. The Tribunal took the income of the deceased at ` 2000/- per month, made a deduction of ` 6000/- per annum towards personal expenses of the deceased and applied a multiplier of 15 to assess the total compensation payable at ` 2,73,000/- including ` 2000/- for funeral expenses and ` 1000/- for medical expenses.
2. I will take the value of the householder and income as agriculture worker at ` 3000/- per month. I will apply a multiplier of 16 suitable to the age of the deceased as per the decision of the Supreme Court in Sarla Verma Vs. DTC20096) SCC121to assess the Kamboj Pankaj Kumar 2014.07.02 11:22 I attest to the accuracy and integrity of this document Chandigarh FAO No.377 of 2000 -2- loss of dependence at ` 5,76,000/-. I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Smt. Kamla Date of accident 27.06.1995 Age 35 years Occupation Householder+agricultural worker Claimants Husband, 4 minor children Heads of claim Tribunal High Court Sl. No.Amount Amount (Rs.) (Rs) 1 Income 2000 3000 2 Add, % of increase 3 Less, Deduction 4 Multiplicand (annualized by 36,000 multiplying 12) 5 Multiplier 15 16 6 Loss of dependence 2,70,000 5,76,000 7 Medical Expenses 1,000 1,000 8 Loss of Consortium 1,00,000 9 Loss of love and affection 2,00,000 10 Loss to estate 2500 11 Funeral expenses 2000 5000 Total 2,73,000 8,84,500 3. The total compensation payable will be Rs.8,84,500/-. 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