Salemata Devi And ORS v. Kuldeep Singh And ORS

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.26.07.2017 Salemata Devi and others ........Appellants Vs Kuldeep Singh and others ........Respondents

Present:

None for the appellants.

Mr. R.K. Bashamboo, Advocate for the insurance company.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) The appeal is for enhancement of compensation for death of a person aged 35 years. The claimants were widow, two sons, two daughters and mother. The deceased was stated to be earning `7000/- to `8000/- per month from dairy farming and agricultural works. The Tribunal while assessing the compensation, in the absence of any cogent evidence qua income of the deceased, took the income as `1800/- per month as a casual labourer, applied a cut of 1/3rd for personal expenses and adopted a multiplier of 16 to assess the loss of dependency at `2,30,400/-. Besides this, it also provided `10,000/- for loss of consortium, loss of estate and funeral expenses, thus, in toto awarded `2,40,400/- with interest @9% per annum from the date of petition till realization. There is no representation for the appellant. Mr. R.K. Bashamboo, learned counsel appearing for the insurance company states that the amount of compensation has rightly been assessed, keeping in view the fact that the accident took place way back in

-2the year 2002, thus, there is no scope for enhancement. I have gone through the case file and of the view that the income assessed by the Tribunal is on lower side. I will take the income of the deceased as `2000/- and apply a deduction of 1/4th instead of 1/3rd. I will adopt a multiplier of 16 as has been done by the Tribunal and provide `1 lac for loss of consortium to the wife, `50,000/- each to the four children and mother for loss of love and affection, `5000/- towards loss of estate and `25,000/- for funeral expenses. The various heads of claim are tabulated as under:- FATAL ACCIDENT Age 35 years Occupation Dairy farming and agriculture Claimants Widow, 2 sons, 2 daughters and mother Heads of claim Tribunal High Court Sl. No.

Amount (Rs) Amount (Rs.) Income Add, % of increase -- -- Less, Deduction 1/4th 1200 (1/3) 1500 (1⁄4) Multiplicand (annualized by multiplying 12) 14,400 18,000 Multiplier Loss of dependence 2,30,400 2,88,000 Medical Expenses Loss of Consortium 1,00,000 Loss of love and affection 2,50,000 10,000 Loss to estate Funeral expenses 25000 Total 2,40,400 6,68,000 The total amount of compensation payable shall be `6,68,000/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @6% from the date of appeal till realization. The enhanced amount shall be distributed amongst the claimants in the ratio of

-32:2:2:2:2:1, meaning thereby, the mother shall get half of the share of other claimants. The liability shall remain the same as fixed by the Tribunal. The award stands modified and the appeal is allowed to the above extent.

(AMIT RAWAL) JUDGE July 26, 2017 Pankaj* Whether reasoned/speaking Yes Whether reportable No