Judgment:
Archana arora FAO No.5529 of 2010 1 2014.07.07 16:28 I am the author of this document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.5529 of 2010 Date of decision July 1, 2014 Murti Devi and others .....Appellants Versus Baldev Singh and others .......Respondents CORAM: HON'BLE Mr.JUSTICE K.
KANNAN Present:- Mr.Sanjeev Gupta, Advocate for the appellants.
Mr.Tajinder K Joshi, Advocate for respondent No.3.
**** 1.
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 (oral).1.
The appeal is for enhancement of claim for compensation for death of a male aged 57yeaRs.The tribunal has assessed a compensation of `10,55,000/- as payable to him.
A deduction of `4 lacs was made on the ground that the claimants obtained accelerated benefits from the employee by death and relied on the decision of the Supreme Court in Bhakra Beas Management Board versus Kanta Aggarwal and otheRs.2003 (3) RCR (Civil) 733.
The case was with reference to the benefit of free residence available to the deceased and a deduction therefor.
A Division Bench of this Court had an occasion to deal with the subject on an issue of whether the benefit arising to the legal representatives on account of FAO No.5529 of 2010 2 death under any scheme could be factored in Reliance General Insurance Co.LTD.versus Purnima and others 2013 (2) PLR306and it has held that the deductions cannot be made and the insurer cannot have the benefit of any deduction and no ex-gratia payment or assistance for the legal representatives of the deceased employee be applied to the benefit of the tort feasor and make possible abatement of any part of the claim.
I will allow for the entire compensation of `10,55,000/- as assessed and enhance the claim by another amount of `4 lacs towards loss of dependence .
There has been also no assessment for loss of consortium and loss to estate, I will make an additional amount of `1 lac and find `5 lacs as the additional compensation payable with interest at 7.5% per annum from the date of petition till the date of payment.
2.
The award is modified and the appeal is allowed to the above extent.
The liability shall be on the Insurance Company.
(K.
KANNAN) JUDGE July 1, 2014 archana