Harbans Lal Bains v. Kulbir Singh

CM-19275-CII-2016 in/and FAO-2363-2000 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-19275-CII-2016 in/and FAO-2363-2000 Date of Decision: September 06, 2019 Harbans Lal Bains and others .....Appellants

Versus

Kulbir Singh and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Ms.Jasmeet Mehra, Advocate for the appellants.

Mr.Sanjiv Pabbi, Advocate for respondent No.3-Insurance Company.

........

NIRMALJIT KAUR, J. (ORAL) CM-19275-CII-2016 For the reasons mentioned in the application for early hearing, the same is allowed and the main case is taken up today itself. FAO-2363-2000 Learned counsel for the appellants, while praying for enhancement, submitted that the appellant-claimants were entitled to the enhancement under the head 'Future Prospects' to the extent of 15% and the multiplier of 11 should have been applied instead of 7. Similarly, they are also entitled to `70,000.00 under the 'Conventional Head', whereas only `5,000.00 has been granted for funeral expenses. Learned counsel for the respondent-Insurance Company has not been able to dispute the same in view of the settled proposition of law rendered in the judgment of Hon'ble MEENU 2019.09.13 17:14 I attest to the accuracy and authenticity of this document chandigarh

CM-19275-CII-2016 in/and FAO-2363-2000 -2Apex Court in National Insurance Company Limited vs Pranay Sethi and others, 2017(16) SCC 680.

In view of the above, the following amount is calculated as per the calculations provided hereunder:

Head Amount Monthly Income `2500.00 Future prospects @ 15% `375.00 Total Monthly income `2875.00 Annual dependency `34,500.00 (`2875.00 x 12) Multiplier Loss of dependency `3,79,500.00 (`34,500.00 x 11) Conventional heads `70,000.00 Total compensation `4,49,500.00 Amount already granted `2,15,000.00 `2,34,500.00(`4,49,500.00- `2,15,000.00) Enhancement of compensation (Difference) The enhanced amount of `2,34,500.00, as per the above calculation, be paid to the appellant-claimants alongwith interest @ 6% per annum from the date of filing of the claim petition in the same terms as held by the Tribunal within two months from the date of receipt of a certified copy of this order. In case the said amount is not deposited within two months from the date of receipt of a copy of this order, the same shall be deposited alongwith interest @ 12% from the expiry of the said two months. Disposed of accordingly.

September 06, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2019.09.13 17:14 I attest to the accuracy and authenticity of this document chandigarh