Manjit Kaur And Others v. Sukhdev Singh And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of decision : 15.01.2018 Smt. Manjit Kaur and other ... Appellant(s)
Versus
Sukhdev Singh and others ... Respondent(s)
CORAM:
HON'BLE MR. JUSTICE AMIT RAWAL
Present:
Mr. G.S. Bawa, Advocate for the appellants.
Mr. Rakesh K. Sharma, Advocate for respondent No.3/Insurance Company.
**** AMIT RAWAL, J. (ORAL) The appeal has been preferred by the claimants being widow, minor son and parents of Gurdip Singh, who died in a motor accident occurred on 19.09.1997, for enhancement of compensation against the Award passed by the Tribunal, whereby a compensation of `3,67,000/- along with interest @ 9% per annum, had been awarded. Learned counsel appearing on behalf of the appellantsclaimants submits that the Tribunal has awarded the compensation to the tune of `3,67,000/-, which is on lower side. The deceased used to earn `25,000/- per month as he was an agriculturist owning a combine and also from the business carried in shop, but the Tribunal took the income of the
deceased as `2,500/- per month. Moreover, no increase was made in the salary towards future prospects and the amount of `2,000/- towards funeral expenses and `5,000/- on account of loss of consortium, is also too meagre, thus, there is scope for enhancement.
On the other hand, learned counsel appearing on behalf of the Insurance Company submits that the Tribunal has taken care of all the heads sufficiently and there is no scope for further enhancement, thus, urges this Court for dismissal of the appeal.
I have heard the learned counsel for the parties and appraised the paper book and of the view that there is a scope of enhancement as the compensation to the tune of `3,67,000/- is on lower side and accordingly, I take the income of the deceased as `2,500/- per month as taken by the Tribunal and provide 40% future prospects and apply a multiplier of '17', much less, deduction of 1/4th to assess the loss of dependency as `5,35,500/-. I will further add to it `70,000/- towards conventional heads i.e. loss of consortium, loss of estate and funeral expenses as per the latest judgment dated 31.10.2017 rendered by Hon'ble the Supreme Court in SLP (Civil) No.25590 of 2014 titled as "National Insurance Company Ltd. V/s Pranay Sethi and others".
In all the compensation payable shall be `6,05,500/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @ 6% per annum from the date of filing of the appeal till its realization. The enhanced amount shall be distributed amongst the appellants-claimants in the ratio of 2:2:1:1. The liability shall remain the same as has already been determined by the Tribunal.
The award passed by the Tribunal is modified to the above extent and the appeal stands allowed.
( AMIT RAWAL) JUDGE 10.01.2018 Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No