Judgment:
Archana arora FAO No.6113 and 6114 of 2011 2014.07.02 16:48 I am the author of this document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.6113 of 2011 Date of decision: July 1 , 2014 Chhano and others ....... Appellants Versus Surender and others ........ Respondents FAO No.6114 of 2011 Karan Singh and others ....... Appellants Versus Surender and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Rajesh Malik, Advocate for the appellants. Mr. Banni Thomas, Advocate for the Insurance Company. **** K. Kannan, J (oral).
1. Both the appeals are connected and they arise out of the same accident that took place on 11.5.2010. FAO No.6113 of 2011 is for enhancement of compensation for death of a male aged 42 years. He was said to be a sales person in M/s Sri Ram Oilfields Barota . PW-4 gave evidence to the effect that the deceased used to work under him. The tribunal took the income at FAO No.6113 and 6114 of 2011 Rs.4,000/- and assessed a compensation of Rs.5,19,000/-. I shall rework the compensation taking the income as assessed by the tribunal but provide for a prospect of increase in income and also award increased amounts towards loss of consortium and loss of love and affection in the manner that is being assessed in some of the recent decisions of the Supreme Court and tabulate the various heads of compensation as under:- Fatal accidents Date of accident 11/05/10 Age 42 Occupation driver Claimants: Widow, 2minor sons and mother S.No.Heads of claim Tribunal High Court (Amount Rs.) Amount (Rs.) 1 Income 4000/- 4000/- Add, % of increase 6000/- 2 30%/50% 3 Deduction 1/4th 4500/- 4 Multiplicand 54000/- 5 Multiplier 14 6 Loss of dependence 5,04,000/- 7,56,000/- 7 Medical expenses 8 Loss of consortium 5,000/- 1,00000/- Loss of love and 2,00,000/- 9 affection 9 Loss to estate 2500/- 10 Funeral expenses 10,000/- 25000/- 11 Total 5,19,,000/- 10,83,500/- 2. There shall be an award for Rs.10,83,500/-. The additonal amount compensation shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The liability shall be on the Insurance Company. The entitlement shall be distributed in the ratio of 2:2:2:1 amongst the widow, two FAO No.6113 and 6114 of 2011 minor children and mother.
3. As regards the share of the widow, considering the fact that the accident had taken place in the year 2010, 40% of the amount is permitted to be withdrawn and rest 60% shall be invested in a nationalized bank for a further period of six years splittling the amount in six equal shares. The first part for a period of one year, second part for a period of two years and so on up to the sixth part. As regards the share of the minor sons the entire amount shall be deposited during the period of minority with the directions to the bank to permit the mother to withdraw interest quarterly for maintenance. 75% of the amount shall be permitted to be withdrawn on attaining the age of majority and 25% shall be deposited in a nationalized bank splitting into three equal portions, first portion for a period of one year, second for a period of two years and third for a period of three years. The amount shall be disbursed directly by the bank to the claimants on attaining majority without having to apply to the tribunal for withdrawal but under advise to the tribunal.
3. The award is modified and the appeal is allowed to the above extent.
4. In FAO No.6114 of 2011 the claim is for enhancement of compensation for death of a male aged 34 years. The documentary evidence showed that his aged was 37 years. I will take the age as 37 years. The deceased was a government contractor. Some of the payments received by the deceased with tax deducted at source had been filed but the tribunal found that there FAO No.6113 and 6114 of 2011 had been no Income tax assessment for the deceased himself. There was nothing clearly in evidence to the effect that he was earning about Rs.20,000/- as it was claimed by his wife. The tribunal therefore assessed Rs.6,000/- as his income. I will take the assessment as correct but I will provide for a prospect of increase of income in future and rework the compensation. The various heads of claim are tabulated as under:-- Fatal accidents Date of accident 11/05/10 Age 37 Occupation Govt. contractor Claimants: Widow, 2 minor daughters and parents S.No.Heads of claim Tribunal High Court (Amount Rs.) Amount (Rs.) 1 Income 6000/- 4000/- Add, % of increase 9000/- 2 30%/50% 3 Deduction 1/4th 6750/- 4 Multiplicand 81000/- 5 Multiplier 15 6 Loss of dependence 8,10,000/- 12,15,000/- 7 Medical expenses 8 Loss of consortium 5,000/- 1,00000/- Loss of love and 2,00,000/- 9 affection 9 Loss to estate 5000/- 10 Funeral expenses 10,000/- 25000/- 11 Total 8,25,000/- 15,45,000/- As regards the share of the widow, considering the fact that the accident had taken place in the year 2010, 40% of the amount is permitted to be withdrawn and rest 60% shall be invested in a nationalized bank for a further period of eight years splitting the FAO No.6113 and 6114 of 2011 amount in eight equal shares, the first part for a period of one year, second part for a period of two years and so on up to the eighth part. As regards the share of the minor sons the entire amount shall be deposited during the period of minority with the directions to the bank to permit the mother to withdraw interest quarterly for maintenance. 75% of the amount shall be permitted to be withdrawn on attaining the age of majority and 25% shall be deposited in a nationalized bank splitting into three equal portions, first portion for a period of one year, second for a period of two years and third for a period of three years. The amount shall be disbursed directly by the bank to the claimants on attaining majority without having to apply to the tribunal for withdrawal but under advice to the tribunal. The right of enforcement shall be against the Insurance Company. The additional amount compensation shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.
3. The award is modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE July 1 , 2014 archana