Present: Mr. Sandeep Kotla Advocate Vs. Bhag Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153058
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. Sandeep Kotla Advocate
RespondentBhag Singh and Others
Excerpt:
in the high court of punjab and haryana at chandigarh fao no.228 of 1999 (o&m) date of decision: 30.06.2014 smt. sham lata ..appellant versus bhag singh and others ...respondents coram: hon’ble mr.justice k. kannan ---- present: mr.sandeep kotla, advocate, for the appellant. mr.r.c.kapoor, advocate, for respondent no.4. ---- k.kannan, j. 1. the appeal is for enhancement of claim for compensation for death of a bachelor, aged 21 years.in an accident that took place on 12.10.1997. the claimant was the mother. the deceased was said to be running a shop of sanitary materials and earning about `8,000/- per month. in this case, there was evidence that the father of the deceased was a class-iv employee in the irrigation department and was earning `3,300/- per month. the deceased was a student in college doing ba. the father had given evidence that his son had started a business in may 1993 and he was having a car and scooter as well. the trading account for the year 1995-96 of m/s sharma traders.gurgaon was exhibited as p2, but kumar sanjeev 2014.06.30 15:36 i attest to the accuracy and integrity of this document fao no.228 of 1999 (o&m) -2- the tribunal did not make reliance on the same, since no account books had been produced. a profit of `51,230/- had been stated as brought out through the book, but the tribunal did not rely on the same since it was neither an assessment by the income tax authorities nor it was supported by any independent accounts. i will double the income of what the tribunal has taken and rework the compensation, providing for 50% deduction and applying a multiplier of 18, instead of 13, as taken by the tribunal, and tabulate the various heads of claims as under:- accident 12.10.1997 dev kumar age 21 years occupation running shop of sanitary materials -`8,000/- per month claimants mother heads of claim tribunal high court sr.no.amount (`) amount (`) 1. income 1,500 2. add,% of increase 30%/50% 3,000 3. deduction ½, 1/3, ¼, 1/5 1,500 4. multiplicand 18,000 5. multiplier 13 18 6. loss of dependence 1,56,000 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 5,000 total 1,56,000 3,81,500 there shall be an award of `3,81,500/- 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. the right of enforcement shall be available against the insurance company-the kumar sanjeev 2014.06.30 15:36 i attest to the accuracy and integrity of this document fao no.228 of 1999 (o&m) -3- insurer of the truck no.pb-11/9323. 2. the award stands modified and the appeal is allowed to the above extent. (k.kannan) judge3006.2014 sanjeev kumar sanjeev 2014.06.30 15:36 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.228 of 1999 (O&M) Date of decision: 30.06.2014 Smt.

Sham Lata ..Appellant versus Bhag Singh and others ...Respondents CORAM: HON’BLE Mr.JUSTICE K.

KANNAN ---- Present: Mr.Sandeep Kotla, Advocate, for the appellant.

Mr.R.C.Kapoor, Advocate, for respondent No.4.

---- K.Kannan, J.

1.

The appeal is for enhancement of claim for compensation for death of a bachelor, aged 21 yeaRs.in an accident that took place on 12.10.1997.

The claimant was the mother.

The deceased was said to be running a shop of sanitary materials and earning about `8,000/- per month.

In this case, there was evidence that the father of the deceased was a Class-IV employee in the Irrigation Department and was earning `3,300/- per month.

The deceased was a student in college doing BA.

The father had given evidence that his son had started a business in May 1993 and he was having a car and scooter as well.

The trading account for the year 1995-96 of M/s Sharma TradeRs.Gurgaon was exhibited as P2, but Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.228 of 1999 (O&M) -2- the Tribunal did not make reliance on the same, since no account books had been produced.

A profit of `51,230/- had been stated as brought out through the book, but the Tribunal did not rely on the same since it was neither an assessment by the income tax authorities nor it was supported by any independent accounts.

I will double the income of what the Tribunal has taken and rework the compensation, providing for 50% deduction and applying a multiplier of 18, instead of 13, as taken by the Tribunal, and tabulate the various heads of claims as under:- Accident 12.10.1997 Dev Kumar Age 21 years Occupation Running shop of sanitary materials -`8,000/- per month Claimants Mother Heads of claim Tribunal High Court Sr.No.Amount (`) Amount (`) 1.

Income 1,500 2.

Add,% of increase 30%/50% 3,000 3.

Deduction ½, 1/3, ¼, 1/5 1,500 4.

Multiplicand 18,000 5.

Multiplier 13 18 6.

Loss of dependence 1,56,000 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 5,000 Total 1,56,000 3,81,500 There shall be an award of `3,81,500/- 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.

The right of enforcement shall be available against the Insurance Company-the Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document FAO No.228 of 1999 (O&M) -3- insurer of the Truck No.PB-11/9323.

2.

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

(K.KANNAN) JUDGE3006.2014 sanjeev Kumar Sanjeev 2014.06.30 15:36 I attest to the accuracy and integrity of this document