Present: Mr. Surender Deswal Advocate Vs. Rajender Kumar and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153624
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. Surender Deswal Advocate
RespondentRajender Kumar and Others
Excerpt:
fao no.4505 of 2003 -1- in the high court for the states of punjab and haryana at chandigarh fao no.4505 of 2003 date of decision.30.06.2014 labh singh and another ......appellants versus rajender kumar and others ......respondents present: mr.surender deswal, advocate for the appellants. ms.vandana malhotra, 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 female aged 29 years in a motor accident on 18.07.1999. the claimants were husband and minor son. she was said to be engaged in dairy business earning ` 10,000/- per month. in the absence of any documentary proof, the tribunal took the income of the deceased as ` 1000/- per month as the value of the services of a householder and adopted a multiplier of 14 to assess the compensation payable at ` 1,80,000/- including ` 2,000/- for expenses towards medical treatment before her death and ` 5,000/- each for funeral expenses and loss of consortium. i will take the value of the services of the householder at ` 3,000/- per month and apply a multiplier of 17 suitable to the age of the deceased as 30 years as mentioned in the post-mortem report. i will kamboj pankaj kumar 2014.07.02 09:55 i attest to the accuracy and integrity of this document chandigarh fao no.4505 of 2003 -2- provide for a larger slice of amount under the conventional heads of loss of consortium and loss of love and affection as per recent trends adopted by the supreme court in its decisions in sarla verma versus dtc20096) scc121and rajesh v. rajbir singh, (2013) 9 scc54 i will rework the compensation and tabulate the various heads of claims as under:- fatal accident sheela devi age 29 years occupation dairy business claimants husband and minor son heads of claim tribunal high court sl. no.amount amount (rs.) (rs.1 income 1000 3000 2 add, % of increase 3 less, deduction 4 multiplicand (annualized by 12000 36000 multiplying 12) 5 multiplier 14 17 6 loss of dependence 1,68,000 6,12,000 7 medical expenses 2000 2000 8 loss of consortium 5000 1,00,000 9 loss of love and affection 50,000 10 loss to estate 2500 11 funeral expenses 5000 7500 total 1,80,000 7,74,000 2. the total compensation payable will be ` 7,74,000/-. 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 entitlement shall be distributed equally amongst the claimants. the liability shall be in the same manner as determined by the tribunal. 3. the award stands modified and the appeal is allowed to the kamboj pankaj kumar 2014.07.02 09:55 i attest to the accuracy and integrity of this document chandigarh fao no.4505 of 2003 -3- above extent. (k. kannan) judge june 30, 2014 pankaj* kamboj pankaj kumar 2014.07.02 09:55 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.4505 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4505 of 2003 Date of Decision.30.06.2014 Labh Singh and another ......Appellants Versus Rajender Kumar and others ......Respondents Present: Mr.Surender Deswal, Advocate for the appellants.

Ms.Vandana Malhotra, 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 female aged 29 years in a motor accident on 18.07.1999.

The claimants were husband and minor son.

She was said to be engaged in dairy business earning ` 10,000/- per month.

In the absence of any documentary proof, the Tribunal took the income of the deceased as ` 1000/- per month as the value of the services of a householder and adopted a multiplier of 14 to assess the compensation payable at ` 1,80,000/- including ` 2,000/- for expenses towards medical treatment before her death and ` 5,000/- each for funeral expenses and loss of consortium.

I will take the value of the services of the householder at ` 3,000/- per month and apply a multiplier of 17 suitable to the age of the deceased as 30 years as mentioned in the post-mortem report.

I will Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh FAO No.4505 of 2003 -2- provide for a larger slice of amount under the conventional heads of loss of consortium and loss of love and affection as per recent trends adopted by the Supreme Court in its decisions in Sarla Verma versus DTC20096) SCC121and Rajesh v.

Rajbir Singh, (2013) 9 SCC54 I will rework the compensation and tabulate the various heads of claims as under:- FATAL ACCIDENT Sheela Devi Age 29 years Occupation Dairy business Claimants Husband and minor son Heads of claim Tribunal High Court Sl.

No.Amount Amount (Rs.) (Rs.1 Income 1000 3000 2 Add, % of increase 3 Less, Deduction 4 Multiplicand (annualized by 12000 36000 multiplying 12) 5 Multiplier 14 17 6 Loss of dependence 1,68,000 6,12,000 7 Medical Expenses 2000 2000 8 Loss of Consortium 5000 1,00,000 9 Loss of love and affection 50,000 10 Loss to estate 2500 11 Funeral expenses 5000 7500 Total 1,80,000 7,74,000 2.

The total compensation payable will be ` 7,74,000/-.

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 entitlement shall be distributed equally amongst the claimants.

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

3.

The award stands modified and the appeal is allowed to the Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh FAO No.4505 of 2003 -3- above extent.

(K.

KANNAN) JUDGE June 30, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh