(O&M) Amar Singh v. Bikkar Singh

-1202(1st case)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: August 27, 2019 Amar Singh and another .....Appellants

Versus

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

Present:

Mr.Rishav Jindal, Advocate for the appellants.

Mr.Suman Jain, Advocate for the respondent-Insurance Company.

Mr.S.S.Swaich, Advocate for respondent No.3.

........

NIRMALJIT KAUR, J. (ORAL) The appeal is filed by the appellant-claimants for enhancement of the award dated 06.11.2002 vide which an amount of `98,000/- has been awarded. While praying for enhancement, learned counsel for the appellantclaimants submitted that future prospects @ 40% should have been granted and that the multiplier should have been applied 18 and not 8 taking into account that the age of the deceased was 17 years. It is further stated that funeral expenses should have been granted `15,000/-, whereas only `2,000/- has been granted.

Learned counsel for the respondent-Insurance Company is not able to dispute the above in view of the legal proposition settled by the Hon'ble Apex Court in National Insurance Company Limited vs Pranay

-2Sethi and others, 2017(16) SCC 680. At the same time, learned counsel for the appellant-claimants too is not able to dispute the objection of learned counsel for the respondent-Insurance Company that the deduction should have been 50% and not 1/3rd, taking into account that the deceased was unmarried.

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

Head Amount Income `1500.00 Deduction @ 50% `750.00 Future prospects `300.00 (40% of `750.00) Total Income `1,050.00 Annual Dependency `1050.00 x 12 =`12,600.00 Multiplier Total dependency `12,600.00 x 18 =(`2,26,800.00) Funeral expenses `15,000.00 Total amount to be awarded `2,41,800.00 Amount already granted `98,000.00 Difference `1,43,800.00 (`2,41,800.00- `98,000.00 ) The total amount of `2,41,800.00 as per the above calculation has to be awarded to the appellant-claimants. Therefore, after deducting the amount already granted to them, the appellant-claimants are entitled to the enhanced amount of `1,43,800.00 (`2,41,800.00-Rs.98,000.00). The said amount 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

-3deposited alongwith interest @ 12% from the expiry of the said two months. Disposed of accordingly.

August 27, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No