Archana Chopra And Others v. Union Of India And ANR

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.18.02.2016 Archna Chopra and others .......Petitioner Vs.

Union of India and another ......Respondents

Present:

Mr. Neeraj Khanna, Advocate for the petitioner.

Mr. Deepak Malhotra, Advocate 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.

Mr. Deepak Malhotra, Advocate appearing for Union of India states that the approriate contesting party shall be only the Chandigarh Administration. I reject this contention and proceed to dispose of the case, for the case title itself describes the Union of India as party represented through the Home Administration, Chandigarh. I take the representation to be adequate for disposal.

2.

The accident took place on 25.09.1991. The deceased person was 30 years of age and was an Assistant in Food Corporation of India earning `3333.50 at the time of his death. The claimants were widow, two minor children and mother.

3.

The scales of compensation are reasonably certain in the light of decisions of the Supreme Court in Sarla Verma Vs. DTC 2009

-2-

(6) SCC 121 and Rajesh v .

Rajbir Singh , (2013) 9 SCC 54.

I will proceed to, therefore, tabulate the claims by making reference to the prospect of increase at 50% and make also provision for loss of consortium to the wife at `1 lac and scale down relatively the claim for loss of love and affection to children and parent at `50,000/- each on the ground that the provision for interest for all these years will itself bring the amount of compensation close to what is being awarded through the dispensation in Rajesh Vs. Rajbir (supra). The tabulation is as under:- FATAL ACCIDENT 25.09.1991 Age 30 years Occupation Assistant in FCI Claimants Widow, 2 minor children and mother Heads of claim Tribunal High Court Sl. No.

Amount (Rs) Amount (Rs.) Income 3333.50 Add, % of increase 30% / 50% 5000.25 Less, Deduction 3750.18 Multiplicand (annualized by multiplying 12) 45,002.25 Multiplier Loss of dependence 7,65,038.25 Medical Expenses & Transportation Loss of Consortium 1,00,000 Loss of love and affection 1,50,000 Loss to estate Funeral expenses Total 3,84,000 10,25,038.25 4.

The total compensation payable shall be `10,25,038.25 which is rounded off as `10,25,050/-. The amount shall be distributed between widow, two children and the mother in the ratio of 2:2:2:1. The amount in excess over what has

-3already been awarded by the Tribunal shall also attract interest @7.5% from the date of petition til the date of payment. The award is modified and the appeal is allowed making the Union responsible for the claim.

(K. KANNAN) JUDGE February 18, 2016 Pankaj*