Rani And ORS v. Rakesh And ORS
!"!#$
% #$
& #$ ' !
( " ) * !
+,+
. # % ! +
+ +( ' /
!
# %
+
(+ $ % ! !
( #
% + ,+
(+ , (
0# % !
"#$%"&' 1% % % % " # %
!$ #$ ! !
1 0 !
1 ( # $ % ! ,#,#2. !
-%
' 1 +
%
% + !
#
(
0 ,
# - % ! ( + ! ,#2. ( %
! 3
$ ( 4
+ (
3
#,#2. 5 ,# 6 7 8
!#
% % !
,#2.
!3
% 6
# !
( )#2. ( %#% ! $ ( #2. 3
-! #
% % (+9 :("!0
!
"
# # $ "% #&! !&! %! !
"
'(() * +'+# %! #, - !
& . % %
# / .
"% !
"
# '(+0+**1(# 2 3
#, - !
& . % %
# , %#",", !
"
# '(+1+1+4( 3
#
-%
;4
! )
'# #
% $ - !
-+6
$ -
% ( -
4
! 6.
This Court has heard learned counsel for the appellants as well as learned counsel for respondent no.3 and has perused the paper book and is of the opinion that the plea for enhancement raised by the learned counsel for the appellants is to be allowed except on the aspect of rate of interest. It is a matter of settled law that each of the claimants is entitled to an amount of Rs.48,000/- on account of loss of consortium. The Tribunal had awarded only an amount of Rs.40,000/- on account of loss of consortium. Thus, the appellants are entitled to additional compensation under the account of loss
of consortium to the tune of Rs.1,04,000/- (Rs.48,000 x 2 + Rs.8000). Further the claimants are also entitled to an amount of Rs.6000/- as additional compensation on accounts of loss of estate and loss of funeral expenses as they had been awarded only Rs.15,000/- each on the said two counts instead of Rs.18,000/- each on the said two counts. Thus, the present appellants are entitled to Rs.1,10,000/-. <
#
0
+%
-
=)4
!#%
(
Thus, the appellants are entitled to additional amount of compensation of Rs.1,10,000/- with interest at the rate of 7.5% per annum. 7.
-
$ % ($ !
#
+ % %
! '
+ !
##2. - %
=)4
!!
- ! > #%
6%
!+#6 #% % +
)*+, '-./".0 1 !
<
-2 ? 2 <( ? 2