← Library
High Court of Punjab and HaryanaCOCP/3159/2016dismissed

Anita Devi & ORS v. Vineet Garg & ANR

2017-04-03Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2017.04.05 10:56 I attest to the accuracy and integrity of this document COCP No.3159 of 2016 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH COCP No.3159 of 2016 Date of Order: 03.4.2017 Smt. Anita Devi and Ors.

....Petitioners

Versus

Vineet Garg and Anr..

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Aditya Yadav, Advocate for the petitioners. Mrs. Shubhra Singh, Addl.AG, Haryana.

JASWANT SINGH, J (ORAL) By filing this contempt petition, the petitioners i.e widow and minor son and daughter of the deceased-Hoshiar Singh, who is stated to have died due to electric shock on 13.4.2012, have alleged disobedience of the order dated 19.9.2016 passed by this Court in CWP No.24238 of 2014 observing as under:

"The age of the deceased is mentioned as 28 years in his post mortem report. It is not mentioned by the petitioners as to what was his occupation. Thus, keeping in view the fact that the deceased has left behind the widow and two minor children and the fact that being an able bodied person, he was in a capacity to earn at least Rs.5,000/- per month and would have spent at least one third on himself, he would have contribute at least Rs.3500/- for the dependants (petitioners). Thus keeping in view his age being 28 years, the multiplier of 16 is applied and the compensation amount comes to Rs.6,72,000/- which is liable to be paid by the respondents with simple interest at the rate of 9% to be calculated from the date of death i.e.

COCP No.3159 of 2016 #2# 13.4.2012 till the date of payment/ realization of the said amount."

Upon notice, learned State counsel points out that the present contempt petition has become infructuous as the order has since been complied with and the necessary payment has been released to the petitioners.

In view of the aforesaid stand of the respondents-State, present petition is dismissed as having been rendered infructuous and the rule is discharged.

April 03, 2017 (JASWANT SINGH) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No