Som Nath Etc. v. Varinder Kumar Alias Goldi Etc.

FAO No.2984 of 2009 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2984 of 2009 Date of Decision.17.03.2016 Som Nath and others .......Appellants Vs.

Mr. Varinder Kumar alias Goldi and others ........Respondents

Present:

Mr. R.S. Chauhan, Advocate for the appellant.

Mr. Pardeep Goyal, 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.

The appeal for enhancement of compensation for death of a male aged 22 years. He was said to be a student of Fashion Designing and he was also said to be a Model. The contention was that he was earning `8000/-. The claimants were parents, brother and sister. The Tribunal took the income at `3000/- per month, applied a multiplier of 16 and awarded a compensation of `4 lacs.

2.

Having regard to the fact that he was only a student at the relevant time and I would take the likely expectation of the parents as a contribution to them on the basis that he could have been earned `4000/- on an average and apply for 50% deduction and adopt a multiplier of 18. I will provide for `1 lac towards loss of love and affection for parents and retain the funeral expenses as already assessed by the Tribunal. I will also make a provision of `5000/- towards loss to PANKAJ KUMAR 2016.03.22 12:02 I attest to the accuracy and integrity of this document

FAO No.2984 of 2009 -2estate. The various heads of claim are tabulated as under:- FATAL ACCIDENT Age 22 years Occupation Student and Model Claimants Parents, brother, sister Heads of claim Tribunal High Court Sl. No.

Amount (Rs) Amount (Rs.) Income Add, % of increase Less, Deduction 50% 1/3rd Multiplicand (annualized by multiplying 12) 24000 24000 Multiplier Loss of dependence 3,84,000 4,32,000 Medical Expenses & Transportation Loss of Consortium Loss of love and affection 1,00,000 Loss to estate 5,000 Funeral expenses 16000 16,000 Total 4,00,000 5,53,000 3.

The total compensation payable shall be `5,53,000/-. 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 parents. The liability shall be in the same manner as determined by the Tribunal. 4.

The award stands modified and the appeal is allowed to the above extent.

(K. KANNAN) JUDGE March 17, 2016 Pankaj* PANKAJ KUMAR 2016.03.22 12:02 I attest to the accuracy and integrity of this document