Sharanjeet Kaur & ANR v. Sukhdeep Singh & ORS

FAO-1450-2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO-1450-2014 Date of decision : 10.01.2018 Sharanjet Kaur and another ... Appellant(s)

Versus

Sukhdeep Singh and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. S.K. Biriwal, Advocate for the appellants.

Ms. Shamsher Kaur, Advocate for respondent No.3/Insurance Company.

**** AMIT RAWAL, J. (ORAL) The appeal has been preferred by the Legal Representatives of Sukhdev Singh, who died in a motor accident occurred on 14.06.2012, for enhancement of compensation against the Award passed by the Tribunal, whereby a compensation of `15,77,000/- along with interest @ 6% per annum, had been awarded.

Learned counsel appearing on behalf of the appellantsclaimants submits that the Tribunal has awarded the compensation to the tune of ` 15,77,000/-, which is on lower side. Moreover, no increase was made in the salary towards future prospects and the amount of `5,000/- each towards loss of consortium, loss of dependence and funeral expenses, are also too meagre, thus, there is scope for enhancement. On the other hand, learned counsel appearing on behalf of the Insurance Company submits that the Tribunal has taken care of all the heads Yogesh Sharma 2018.01.16 10:27 I attest to the accuracy and integrity of this document

FAO-1450-2014 sufficiently and there is no scope for further enhancement, thus, urges this Court for dismissal of the appeal.

I have heard the learned counsel for the parties and appraised the paper book and of the view that there is a scope of enhancement as the compensation to the tune of `15,77,000/- is on lower side and accordingly, I take the income of the deceased as `15,000/- per month as taken by the Tribunal and provide 25% future prospects and apply a multiplier of '13', much less, deduction of 1/3rd to assess the loss of dependency as `19,50,000/-. I will further add to it `70,000/- towards conventional heads i.e. loss of consortium, loss of estate and funeral expenses as per the latest judgment dated 31.10.2017 rendered by Hon'ble the Supreme Court in SLP (Civil) No.25590 of 2014 titled as "National Insurance Company Ltd. V/s Pranay Sethi and others".

In all the compensation payable shall be `20,20,000/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @ 6% per annum from the date of filing of the appeal till its realization. The enhanced amount shall be equally distributed between the claimants. The liability shall remain the same as has already been determined by the Tribunal.

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

( AMIT RAWAL) JUDGE 10.01.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.01.16 10:27 I attest to the accuracy and integrity of this document