Krishan Bhatia v. Bakshish Singh

FAO-852-2002 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CMs-14277-78-CII-2019 in/and FAO No.852 of 2002 Date of Decision: 18.9.2019 Krishna Bhatia and others .....Appellants

Versus

Bakshish Singh and others ........Respondents

CORAM:

HON'BLE MS. JUSTICE NIRMALJIT KAUR

Present:

Mr. Mohd. Yousaf, Advocate, for the appellants. Mr. Neeraj Khanna, Advocate, for the Insurance company. NIRMALJIT KAUR, J. (ORAL) CM-14277-CII-2019 For the reasons mentioned in the application, the delay of 744 days in filing the application for restoration of the appeal is condoned. However, the applicants will not be entitled to the interest for 744 days in case of enhancement of compensation.

CM stands disposed of.

CM-14278-CII-2019 For the reasons mentioned in the application, the same is allowed. The appeal is restored at its original number. Learned counsel for the parties are agreed that the appeal can be taken up for hearing today itself. The same is taken on board accordingly.

FAO-852-2002 While praying for enhancement of compensation, learned counsel for the appellants, submitted that multiplier of 13 should have been SHARMILA DEVI 2019.09.20 12:00 I attest to the accuracy and integrity of this document phhc applied instead of 11 and amount of ` 70,000/- should have been granted

FAO-852-2002 -2under the head of consortium, whereas, only ` 9,500/- has been granted under this head. It is further stated that future prospects @ 30% taking into account the age of 50 years should have been granted, whereas, nothing has been granted.

Learned counsel for the Insurance Company is not able to dispute the legal position that the appellants are entitled compensation in view of the judgment rendered by Hon'ble the Apex Court in the case of National Insurance Company Ltd. versus Pranay Sethi and others, (2017) 16 SCC 680, In view of the above, the compensation is now re-assessed as per the calculation provided under:- Sr. No.

Head Amount assessed Dependancy ` 5110 x 12 x 13 = ` 7,97,160/- Conventional head ` 70,000/- Future prospects @ 30% ` 2,39,148/- Total ` 11,06,308/- Awarded by the Tribunal ` 7,45,000/- Thus, the enhanced compensation of ` 3,61,308/- be paid to the appellants within two months from the receipt of certified copy of this order alongwith 6% interest per annum from the date of filing of claim petition. In case the said amount is not paid within two months, the same shall be paid thereafter alongwith 12% interest from the expiry of the period of two months.

The appeal is disposed of accordingly.

(NIRMALJIT KAUR) JUDGE 18.9.2019 sharmila Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No SHARMILA DEVI 2019.09.20 12:00 I attest to the accuracy and integrity of this document phhc