Present: Mr. K.S. Dhanora Advocate Vs. Baljit Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153632
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr. K.S. Dhanora Advocate
RespondentBaljit Singh and Others
Excerpt:
fao no.4652 of 2002 -1- in the high court for the states of punjab and haryana at chandigarh fao no.4652 of 2002 date of decision.30.06.2014 lajwanti and others ......appellants versus baljit singh and others ......respondents present: mr.k.s.dhanora, advocate for the appellants. none for the respondents. 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 claim for compensation for death of a male aged 42 years.the claimants were widow and two sons. he was said to be running a shop of ear rings. the evidence of the widow was that her husband was earning ` 6,000/- to ` 7000/- per month. the tribunal took the income of the deceased as ` 2700/-, applied a multiplier of 13 and assessed a compensation of ` 3,05,000/-. i will take the same income as taken by the tribunal but i will also provide for prospect of future increase of 30%. i will also give a larger slice for loss of consortium and for loss of love and affection as provided by some recent decisions of the supreme court. i will rework the compensation and tabulate the various heads of claim as under:- fatal accident brij mohan 9.12.2000 age 42 years kamboj pankaj kumar 2014.07.02 09:55 i attest to the accuracy and integrity of this document chandigarh fao no.4652 of 2002 -2- fatal accident brij mohan 9.12.2000 occupation shop of ear rings claimants widow and 2 sons heads of claim tribunal high court sl. no.amount amount (rs.) (rs.1 income 2700 2700 2 add, % of increase 30% 3510 3 less, deduction 1/3rd 2340 4 multiplicand (annualized by 28080 multiplying 12) 5 multiplier 13 14 6 loss of dependence 2,80,800 3,93,120 7 medical expenses & transportation 8 loss of consortium 1,00,000 9 loss of love and affection 1,00,000 10 loss to estate 5000 11 funeral expenses 10,000 total 3,05,800 6,08,120 2. the total compensation payable shall be ` 6,08,120/-. the 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 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.4652 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4652 of 2002 Date of Decision.30.06.2014 Lajwanti and others ......Appellants Versus Baljit Singh and others ......Respondents Present: Mr.K.S.Dhanora, Advocate for the appellants.

None for the respondents.

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 claim for compensation for death of a male aged 42 yeaRs.The claimants were widow and two sons.

He was said to be running a shop of ear rings.

The evidence of the widow was that her husband was earning ` 6,000/- to ` 7000/- per month.

The Tribunal took the income of the deceased as ` 2700/-, applied a multiplier of 13 and assessed a compensation of ` 3,05,000/-.

I will take the same income as taken by the Tribunal but I will also provide for prospect of future increase of 30%.

I will also give a larger slice for loss of consortium and for loss of love and affection as provided by some recent decisions of the Supreme Court.

I will rework the compensation and tabulate the various heads of claim as under:- FATAL ACCIDENT Brij Mohan 9.12.2000 Age 42 years Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh FAO No.4652 of 2002 -2- FATAL ACCIDENT Brij Mohan 9.12.2000 Occupation Shop of ear rings Claimants Widow and 2 sons Heads of claim Tribunal High Court Sl.

No.Amount Amount (Rs.) (Rs.1 Income 2700 2700 2 Add, % of increase 30% 3510 3 Less, Deduction 1/3rd 2340 4 Multiplicand (annualized by 28080 multiplying 12) 5 Multiplier 13 14 6 Loss of dependence 2,80,800 3,93,120 7 Medical Expenses & Transportation 8 Loss of Consortium 1,00,000 9 Loss of love and affection 1,00,000 10 Loss to estate 5000 11 Funeral expenses 10,000 Total 3,05,800 6,08,120 2.

The total compensation payable shall be ` 6,08,120/-.

The 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 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