High Court of Punjab and HaryanaFAO/5168/2014disposed of

Bimal And ORS v. Jagir Singh And ANR

2019-10-01Ms. Justice Nirmaljit Kaur2 pages

FAO-5168-2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-5168-2014 Date of Decision: October 01, 2019 Bimal and others .....Appellants

Versus

Jagir Singh and another ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.R.K.Saini, Advocate for the appellants.

Mr.Sahil Khunger, Advocate for Mr.Vikram Rathore, Advocate for respondent No.1.

Mr.Pradeep Kumar, Advocate for respondent No.3-Insurance Company.

........

NIRMALJIT KAUR, J. (ORAL) Learned counsel for the appellants while praying for enhancement submitted that no future prospects have been given whereas, appellant-claimants are entitled to future prospects @ 40%. It is further submitted that appellant-claimants are also entitled to `70,000/- under the 'Conventional Head' as under this head they have been awarded only `50,000/-.

Learned counsel for the respondent-Insurance Company is not able to dispute the same in view of the settled proposition of law as per the judgment of Hon'ble Apex Court in National Insurance Company Limited

FAO-5168-2014 -2vs 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 `5250.00 Future prospects @ 40% `2100.00 Total Monthly income `7350.00 `1837.50 1/4th deduction as personal expenses Monthly dependency `5512.50 Annual Dependency `66150.00 ( `5512.50 x 12 ) Multiplier Loss of dependency `11,24,550.00 Loss of consortium `70,000.00 Total compensation `11,94,550.00 `8,33,352.00 Compensation awarded by Tribunal Enhanced compensation `3,61,198.00 The enhanced amount of `3,61,198.00, 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.

October 01, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No