Present: Mr. Atul Gaur Advocate for Vs. Versus - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154912
CourtPunjab and Haryana High Court
Decided OnJul-08-2014
AppellantPresent: Mr. Atul Gaur Advocate for
RespondentVersus
Excerpt:
fao no.1411 of 2002 -1- in the high court for the states of punjab and haryana at chandigarh fao no.1411 of 2002 date of decision.08.07.2014 mego devi and others ......appellants versus sawarn singh and others ......respondents present: mr.atul gaur, advocate for mr.sumeet goel, advocate for the appellants. mr.vishal sharma haritwal, advocate for respondent no.1. mr.jitender k. sharma, advocate for respondent no.3. 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.(oral) 1. the appeal for enhancement of claim for compensation for death of a male aged 40 years.the accident had taken place on 18.04.1999. he was an agricultural labour and the tribunal took his income at ` 8,000/- per annum and determined a compensation of ` 1,28,000/-. the claimants are widow and eight children. considering the fact that he was an agricultural labour, i will take the same income as taken by the tribunal but i will provide for prospect of future increase at 30%. the various heads of claim are tabulated as under:- fatal accident age 40 years occupation agricultural labour claimants widow and 8 children heads of claim tribunal high court kamboj pankaj kumar 2014.07.10 14:55 i attest to the accuracy and integrity of this document chandigarh fao no.1411 of 2002 -2- fatal accident sl. no.amount amount (rs.) (rs.1 income 8000 2 add, % of increase 50% 10,400 3 less, deduction 8320 4 multiplicand (annualized by 8000 8320 multiplying 12) 5 multiplier 16 15 6 loss of dependence 1,24,800 7 medical expenses & transportation 8 loss of consortium 1,00,000 9 loss of love and affection @ 2,00,000 35000/- per child 10 loss to estate 2500 11 funeral expenses 5000 total 1,28,000 4,31,500 2. the total compensation payable shall be ` 4,31,500/-. the additional amount in excess over what has already been awarded by the tribunal shall also attract interest @7.5% from the date of petition till the date of payment. the liability shall be on respondent nos.1 and 2. the entitlement shall be distributed equally amongst the claimants. 3. learned counsel for the driver points out that in the criminal case, the driver had been acquitted. that cannot be a mitigating factor for the liability, for there is no appeal at the instance of the driver and the case falls for consideration for enhancement of claim that is already assessed by the tribunal. i will, therefore, reject the defence that the driver could be absolved of any liability. 4. the award passed by the tribunal is modified and the appeal is allowed to the above extent. (k. kannan) judge july 08, 2014 pankaj* kamboj pankaj kumar 2014.07.10 14:55 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.1411 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1411 of 2002 Date of Decision.08.07.2014 Mego Devi and others ......Appellants Versus Sawarn Singh and others ......Respondents Present: Mr.Atul Gaur, Advocate for Mr.Sumeet Goel, Advocate for the appellants.

Mr.Vishal Sharma Haritwal, Advocate for respondent No.1.

Mr.Jitender K.

Sharma, Advocate for respondent No.3.

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.(ORAL) 1.

The appeal for enhancement of claim for compensation for death of a male aged 40 yeaRs.The accident had taken place on 18.04.1999.

He was an agricultural labour and the Tribunal took his income at ` 8,000/- per annum and determined a compensation of ` 1,28,000/-.

The claimants are widow and eight children.

Considering the fact that he was an agricultural labour, I will take the same income as taken by the Tribunal but I will provide for prospect of future increase at 30%.

The various heads of claim are tabulated as under:- FATAL ACCIDENT Age 40 years Occupation Agricultural labour Claimants Widow and 8 children Heads of claim Tribunal High Court Kamboj Pankaj Kumar 2014.07.10 14:55 I attest to the accuracy and integrity of this document Chandigarh FAO No.1411 of 2002 -2- FATAL ACCIDENT Sl.

No.Amount Amount (Rs.) (Rs.1 Income 8000 2 Add, % of increase 50% 10,400 3 Less, Deduction 8320 4 Multiplicand (annualized by 8000 8320 multiplying 12) 5 Multiplier 16 15 6 Loss of dependence 1,24,800 7 Medical Expenses & Transportation 8 Loss of Consortium 1,00,000 9 Loss of love and affection @ 2,00,000 35000/- per child 10 Loss to estate 2500 11 Funeral expenses 5000 Total 1,28,000 4,31,500 2.

The total compensation payable shall be ` 4,31,500/-.

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

The liability shall be on respondent Nos.1 and 2.

The entitlement shall be distributed equally amongst the claimants.

3.

Learned counsel for the driver points out that in the criminal case, the driver had been acquitted.

That cannot be a mitigating factor for the liability, for there is no appeal at the instance of the driver and the case falls for consideration for enhancement of claim that is already assessed by the Tribunal.

I will, therefore, reject the defence that the driver could be absolved of any liability.

4.

The award passed by the Tribunal is modified and the appeal is allowed to the above extent.

(K.

KANNAN) JUDGE July 08, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.10 14:55 I attest to the accuracy and integrity of this document Chandigarh