Present:- Mr. Vipul Jindal Advocate Vs. Gainda Ram and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1127099
CourtPunjab and Haryana High Court
Decided OnFeb-12-2014
AppellantPresent:- Mr. Vipul Jindal Advocate
RespondentGainda Ram and Others
Excerpt:
archana arora fao no.2039 of 1995 1 2014.02.18 16:56 i am the author of this document in the high court of punjab & haryana, chandigarh fao no.2039 of 1995 date of decision february 12, 2014 sanjay gupta and another ......appellants versus gainda ram and others .......respondents coram: hon'ble mr.justice k. kannan present:- mr.vipul jindal, advocate for the appellants. mr.gourav verma, assistant advocate general, haryana. **** 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 compensation for death of a male aged 57 years.he was said to be an officer in khadi board and was earning 5802/-. the claimants were two sons and wife having pre-deceased the husband. the tribunal has taken the multiplier of 9. i will take the contribution to the family of his sons after providing for 1/3rd deduction and apply a multiplier of 9. i will proceed to determine the compensation as per the scales of sarla verma vs.delhi road transport corporation reported in (2009) 6 sc121and tabulate the same as under:- fao no.2039 of 1995 2 fatal accidents date of accident 12/10/93 age 57 occupation officer, khadi board claimants: sons s.no.heads of claim tribunal high court (amount rs.) amount (rs.) 1 income 5802/- 5802/- add, % of increase 2 30%/50% 3 deduction 1/3rd 4 multiplicand 1500 5 multiplier 6 loss of dependence 4,17,744/- 7 medical expenses - - loss of - - consortium+ loss of 8 love and affection 9 loss to estate 2500/- 10 funeral expenses 5000/- 11 total 72,000/- 4,75,250/- the amount in excess of what has already been granted by the tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. 2. the award is modified. the appeal is allowed to the above extent. (k. kannan) judge february 12, 2014 archana
Judgment:

Archana arora FAO No.2039 of 1995 1 2014.02.18 16:56 I am the author of this document IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.2039 of 1995 Date of decision February 12, 2014 Sanjay Gupta and another ......Appellants Versus Gainda Ram and others .......Respondents CORAM: HON'BLE Mr.JUSTICE K.

KANNAN Present:- Mr.Vipul Jindal, Advocate for the appellants.

Mr.Gourav Verma, Assistant Advocate General, Haryana.

**** 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 compensation for death of a male aged 57 yeaRs.He was said to be an officer in Khadi Board and was earning 5802/-.

The claimants were two sons and wife having pre-deceased the husband.

The tribunal has taken the multiplier of 9.

I will take the contribution to the family of his sons after providing for 1/3rd deduction and apply a multiplier of 9.

I will proceed to determine the compensation as per the scales of Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC121and tabulate the same as under:- FAO No.2039 of 1995 2 Fatal accidents Date of accident 12/10/93 Age 57 Occupation Officer, Khadi Board Claimants: sons S.No.Heads of claim Tribunal High Court (Amount Rs.) Amount (Rs.) 1 Income 5802/- 5802/- Add, % of increase 2 30%/50% 3 Deduction 1/3rd 4 Multiplicand 1500 5 Multiplier 6 Loss of dependence 4,17,744/- 7 Medical expenses - - Loss of - - consortium+ loss of 8 love and affection 9 Loss to estate 2500/- 10 Funeral expenses 5000/- 11 Total 72,000/- 4,75,250/- The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.

2.

The award is modified.

The appeal is allowed to the above extent.

(K.

KANNAN) JUDGE February 12, 2014 archana