Nirmala Devi and Others Vs. Partap Singh and Others

Nirmala Devi and Others vs Partap Singh and Others

Type Court Judgment Court Punjab and Haryana Decided Jul 03, 2014

~3 min read

https://sooperkanoon.com/case/1154205

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1154205
Court: Punjab and Haryana High Court
Decided On: Jul 03, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Nirmala Devi and Others

Respondent

Partap Singh and Others

Excerpt

.....4000/- 4000/- add, % of increase 5200/- 2 30%/50% 3 deduction 1/3rd 3466.66 4 multiplicand 41560/- 5 multiplier 14 6 loss of dependence 5,82,400/- 7 medical expenses 8 loss of consortium 1,00000/- loss of love and 1,00,000/- 9 affection 9 loss to estate 2500/- 10 funeral expenses 25000/- 11 total 3,52,000/- 8.04.900/- 2. there shall be an award for rs.8,09,900/-. 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 in the same manner as assessed by the tribunal. the entitlement shall be distributed equally amongst the claimants. 3. as regards the share of the widow, 50% of the amount is permitted to be withdrawn and rest of the 50% shall be invested in a nationalized bank for a further period of six years splittling the amount in six equal shares. the firs.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 major son the similar directions will follow. as regards the share of the minor son 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bank to permit the mother to withdraw interest quarterly for maintenance. 75% of the amount shall be permitted to be withdrawn on attaining the age of majority and 25% shall be deposited in a nationalized bank splitting into three equal portions, firs.portion for a period of one year,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. (k. kannan) judge july 03 , 2014 archana

Full Judgment

Archana arora 2014.07.07 16:28 I am the author of this IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH document FAO No.1268 of 2012 Date of decision: July 03 , 2014 Nirmala Devi and others ......Appellants Versus Partap Singh and others .......Respondents CORAM: HON'BLE Mr.JUSTICE K.

KANNAN Present:- Mr.Y.P.

Khullar, Advocate for the appellants.

**** K.

Kannan, J (oral).1.

The appeal is for enhancement of compensation for death of a male aged 43 yeaRs.He was said to be a driver and earning about Rs.20,000/- per month.

The claimants were widow, one minor son and one major son.

The tribunal however took the income at Rs.4000/- per month and assessed a compensation of Rs.3,52,000/- as the amount payable.

I shall rework the compensation taking the income as assessed by the tribunal to provide for a prospect of increase and also award increased amounts towards loss of consortium and loss of love and affection and tabulate the various heads of compensation as under:- Fatal accidents Date of accident 14.8.2009 Age 43 Occupation driver Claimants: Widow, 1 major, 1 minor son Fatal accidents Date of accident 14.8.2009 S.No.Heads of claim Tribunal High Court (Amount Rs.) Amount (Rs.) 1 Income 4000/- 4000/- Add, % of increase 5200/- 2 30%/50% 3 Deduction 1/3rd 3466.66 4 Multiplicand 41560/- 5 Multiplier 14 6 Loss of dependence 5,82,400/- 7 Medical expenses 8 Loss of consortium 1,00000/- Loss of love and 1,00,000/- 9 affection 9 Loss to estate 2500/- 10 Funeral expenses 25000/- 11 Total 3,52,000/- 8.04.900/- 2.

There shall be an award for Rs.8,09,900/-.

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 in the same manner as assessed by the tribunal.

The entitlement shall be distributed equally amongst the claimants.

As regards the share of the widow, 50% of the amount is permitted to be withdrawn and rest of the 50% shall be invested in a nationalized bank for a further period of six years splittling the amount in six equal shares.

The fiRs.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 major son the similar directions will follow.

As regards the share of the minor son 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, fiRs.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.

The award is modified and the appeal is allowed to the above extent.

(K.

KANNAN) JUDGE July 03 , 2014 archana

Same Court & Year Punjab and Haryana · 2014 Same Parties Nirmala Devi and Others vs Partap Singh and Others Same Subject Land Acquisition