Smt. Maya Devi And Others v. Sh.Guljar Singh And Others

FAO No.2532 of 1994 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2532 of 1994 Date of Decision.22.03.2016 Smt. Maya Devi and others .......Appellants Vs.

Sh. Guljar Singh and others ........Respondents

Present:

Mr. Rajinder S. Rana, Advocate for the appellants.

None for the respondents.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

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 is for enhancement of compensation for death of a male aged 25 years. The accident had taken place on 09.07.1992. He was said to be working as labourer in brick kiln and the Tribunal has assessed his income at `900/- per month. The claimants were wife and two children.

2.

I will rework the compensation on the basis of scales which are now provided. I will take the income as already taken by the Tribunal and provide a prospect of future increase at 50% and after making provision for 1/3rd deduction, apply a multiplier of 18. The total loss of dependence will come to `2,16,000/-. I will also add `50,00/- towards loss of consortium to the wife and `50,000/- for each one of the children considering the fact that the accident had taken place in the year 1992 and provision for interest from the year 1992 will PANKAJ KUMAR 2016.03.31 12:20 I attest to the accuracy and integrity of this document

FAO No.2532 of 1994 -2make sufficient accretion to provide for the sums which are now being provided by the Court. I tabulate the various heads of claim as under:- FATAL ACCIDENT Age 09.07.1992 Occupation Labourer at Brick Kiln Claimants Widow and 2 children Heads of claim Tribunal High Court Sl. No.

Amount (Rs) Amount (Rs.) Income Add, % of increase 50% Less, Deduction 1/3rd Multiplicand (annualized by multiplying 12) 10800 Multiplier Loss of dependence 1,94,400 Medical Expenses & Transportation Loss of Consortium 50,000 Loss of love and affection 1,00,000 Loss to estate Funeral expenses Total 1,02,200 3,51,900 3.

The aggregate compensation will be `3,51,900/-. The additional amount over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The amount shall be distributed equally amongst the claimants. The award stands modified and the appeal is allowed to the above extent.

(K. KANNAN) JUDGE March 22, 2016 Pankaj* PANKAJ KUMAR 2016.03.31 12:20 I attest to the accuracy and integrity of this document