Present: Mr. Ajit Sihag Advocate Vs. Pawan Kumar and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1141408
CourtPunjab and Haryana High Court
Decided OnMay-26-2014
AppellantPresent: Mr. Ajit Sihag Advocate
RespondentPawan Kumar and Others
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.2801 of 2006 (o&m) date of decision:26.05.2014 ram murti ..appellant versus pawan kumar and others ...respondents coram: hon’ble mr.justice k. kannan ---- present: mr.ajit sihag, advocate, for the appellant. mr.r.s.singhal, advocate, for respondent no.3-insurance company. ---- k.kannan, j. 1. the appeal is for enhancement of claim for compensation for death of a male, aged 20 years.in an accident that took place on 18.02.2001. the claimant was the father. the deceased was said to be engaged in agriculture work and dairy farming. he was said to earning `3,000/- per month. the tribunal assessed a lumpsum compensation of `1,50,000/-. 2. i shall rework the compensation, taking the average income at `3,000/- per month considering that he was a young man of 20 years.who had not yet started his living and take the contribution to the father at `1,500/- per month. i will apply a multiplier of 18 and tabulate the various heads of claims as under:- kumar sanjeev 2014.05.26 11:56 i attest to the accuracy and integrity of this document fao no.2801 of 2006 (o&m) -2- accident 18.02.2001 sudhir age 20 years occupation agricultural work, dairy ` 3,000/- per month claimants father heads of claim tribunal high court sr.no.amount (`) amount (`) 1. income 3,000 2. add,% of increase 30%/50% 3. deduction ½, 1/3, ¼, 1/5 1,500 4. multiplicand 18,000 5. multiplier 18 6. loss of dependence 3,24,000 7. medical expenses 8. loss of consortium 9. loss of love and affection 50,000 10. loss to estate 2,500 11. funeral expenses 10,000 total 1,50,000 3,86,500 there shall be an award of `3,86,500/- and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment. 3. the award stands modified and the appeal is allowed to the above extent. (k.kannan) judge2605.2014 sanjeev kumar sanjeev 2014.05.26 11:56 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2801 of 2006 (O&M) Date of decision:26.05.2014 Ram Murti ..Appellant versus Pawan Kumar and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.

KANNAN ---- Present: Mr.Ajit Sihag, Advocate, for the appellant.

Mr.R.S.Singhal, Advocate, for respondent No.3-Insurance Company.

---- K.Kannan, J.

1.

The appeal is for enhancement of claim for compensation for death of a male, aged 20 yeaRs.in an accident that took place on 18.02.2001.

The claimant was the father.

The deceased was said to be engaged in agriculture work and dairy farming.

He was said to earning `3,000/- per month.

The Tribunal assessed a lumpsum compensation of `1,50,000/-.

2.

I shall rework the compensation, taking the average income at `3,000/- per month considering that he was a young man of 20 yeaRs.who had not yet started his living and take the contribution to the father at `1,500/- per month.

I will apply a multiplier of 18 and tabulate the various heads of claims as under:- Kumar Sanjeev 2014.05.26 11:56 I attest to the accuracy and integrity of this document FAO No.2801 of 2006 (O&M) -2- Accident 18.02.2001 Sudhir Age 20 years Occupation Agricultural work, dairy ` 3,000/- per month Claimants father Heads of claim Tribunal High Court Sr.No.Amount (`) Amount (`) 1.

Income 3,000 2.

Add,% of increase 30%/50% 3.

Deduction ½, 1/3, ¼, 1/5 1,500 4.

Multiplicand 18,000 5.

Multiplier 18 6.

Loss of dependence 3,24,000 7.

Medical expenses 8.

Loss of consortium 9.

Loss of love and affection 50,000 10.

Loss to estate 2,500 11.

Funeral expenses 10,000 Total 1,50,000 3,86,500 There shall be an award of `3,86,500/- and the additional amount secured through this award will attract interest at 7.5% per annum from the date of petition till date of payment.

3.

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

(K.KANNAN) JUDGE2605.2014 sanjeev Kumar Sanjeev 2014.05.26 11:56 I attest to the accuracy and integrity of this document