Present: Mr. Ravi Gakhar Advocate Vs. Shri Ram Kumar Alias Kala and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153606
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. Ravi Gakhar Advocate
RespondentShri Ram Kumar Alias Kala and Others
Excerpt:
fao no.368 of 2000 -1- in the high court for the states of punjab and haryana at chandigarh fao no.368 of 2000 date of decision.06.2014 smt. maya devi and others ......appellants versus shri ram kumar alias kala and others ......respondents present: mr.ravi gakhar, advocate for the appellants. mr.r.k.bashamboo, advocate for the insurance company. coram:hon'ble mr.justice k. kannan1 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. 1. the appeal is for enhancement of compensation for death of a male aged 22 years in a motor accident on 12.01.1998. the claimants were parents, two brothers and one minor sister . he was said to be a registered medical practitioner practising at village bazida jattan earning ` 8,000/- to ` 9000/- per month. in the absence of any documentary proof produced for proving the income of the deceased, the tribunal took the income of the deceased at ` 2000/- per month, made a deduction of ` 500/- towards personal expenses of the deceased and applied a multiplier of 12 to assess the total compensation payable at ` 2,16,600/-. 2. i will take the same income as taken by the tribunal at ` kamboj pankaj kumar 2014.07.02 09:54 i attest to the accuracy and integrity of this document chandigarh fao no.368 of 2000 -2- 2000/- per month but i will also provide for prospect of future increase at 50%. i will make a deduction of one half for personal consumption of the deceased and apply a multiplier of 18 suitable to the age of the deceased as per the decision of the supreme court in sarla verma versus dtc20096) scc121to assess the loss of dependence at ` 3,24,000/-. i will rework the compensation and tabulate the various heads of claims as under:- fatal accident ramesh chand date of accident 12.01.1998 age 28 years occupation medical practitioner claimants parents, 2 brother, 1 minor sister heads of claim tribunal high court sl. no.amount amount (rs.) (rs.1 income 2000 2000 2 add, % of increase 50% 3000 3 less, deduction ½ 1500 4 multiplicand (annualized by 18,000 multiplying 12) 5 multiplier 12 18 6 loss of dependence 2,16,000 3,24,000 7 medical expenses 8 loss of consortium 9 loss of love and affection 50,000 10 loss to estate 2500 11 funeral expenses 5000 total 2,16,000 3,81,500 3. the total compensation payable will be ` 3,81,500/-. the additional amount in excess over what has already been provided by the tribunal shall also attract interest @7.5% from the date of petition till the date of payment. the enhanced amount shall be distributed equally between the parents only. the liability shall be in the same manner as determined by the tribunal. kamboj pankaj kumar 2014.07.02 09:54 i attest to the accuracy and integrity of this document chandigarh fao no.368 of 2000 -3- 4. the award stands modified and the appeal is allowed to the above extent. (k. kannan) judge june , 2014 pankaj* kamboj pankaj kumar 2014.07.02 09:54 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.368 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.368 of 2000 Date of Decision.06.2014 Smt.

Maya Devi and others ......Appellants Versus Shri Ram Kumar alias Kala and others ......Respondents Present: Mr.Ravi Gakhar, Advocate for the appellants.

Mr.R.K.Bashamboo, Advocate for the insurance company.

CORAM:HON'BLE Mr.JUSTICE K.

KANNAN1 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.

1.

The appeal is for enhancement of compensation for death of a male aged 22 years in a motor accident on 12.01.1998.

The claimants were parents, two brothers and one minor sister .

He was said to be a registered medical practitioner practising at village Bazida Jattan earning ` 8,000/- to ` 9000/- per month.

In the absence of any documentary proof produced for proving the income of the deceased, the Tribunal took the income of the deceased at ` 2000/- per month, made a deduction of ` 500/- towards personal expenses of the deceased and applied a multiplier of 12 to assess the total compensation payable at ` 2,16,600/-.

2.

I will take the same income as taken by the Tribunal at ` Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh FAO No.368 of 2000 -2- 2000/- per month but I will also provide for prospect of future increase at 50%.

I will make a deduction of one half for personal consumption of the deceased and apply a multiplier of 18 suitable to the age of the deceased as per the decision of the Supreme Court in Sarla Verma versus DTC20096) SCC121to assess the loss of dependence at ` 3,24,000/-.

I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Ramesh Chand Date of accident 12.01.1998 Age 28 years Occupation Medical practitioner Claimants Parents, 2 brother, 1 minor sister Heads of claim Tribunal High Court Sl.

No.Amount Amount (Rs.) (Rs.1 Income 2000 2000 2 Add, % of increase 50% 3000 3 Less, Deduction ½ 1500 4 Multiplicand (annualized by 18,000 multiplying 12) 5 Multiplier 12 18 6 Loss of dependence 2,16,000 3,24,000 7 Medical Expenses 8 Loss of Consortium 9 Loss of love and affection 50,000 10 Loss to estate 2500 11 Funeral expenses 5000 Total 2,16,000 3,81,500 3.

The total compensation payable will be ` 3,81,500/-.

The additional amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment.

The enhanced amount shall be distributed equally between the parents only.

The liability shall be in the same manner as determined by the Tribunal.

Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh FAO No.368 of 2000 -3- 4.

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

(K.

KANNAN) JUDGE June , 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.02 09:54 I attest to the accuracy and integrity of this document Chandigarh