High Court of Punjab and HaryanaFAO/2549/2016disposed of

Balhar Singh And ANR v. Vijay Pal And ANR

2019-10-14Ms. Justice Nirmaljit Kaur2 pages

FAO-2549-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2549-2016 Date of Decision: October 14, 2019 Balhar Singh and another .....Appellants

Versus

Vijay Pal and another ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Shakti Mehta, Advocate for the appellants.

Mr.Punit Jain, Advocate for respondent No.2-Insurance Company.

........

NIRMALJIT KAUR, J. (ORAL) Learned counsel for the parties agree that the income should have been assessed as `6247/- as the minimum wages instead of `5,000/- as per the notification qua the minimum wages for skilled labourer. Taking into account that the deceased is survived by his parents, claimants are also entitled to `70,000/- under the conventional head, whereas only `25,000/- has been granted under this head. Learned counsel for the appellants is also not able to dispute that future prospects should have been @ 40%, whereas 50% has been granted.

In view of the above, the appellants are entitled to the enhanced amount as per the calculations provided hereunder: Head Amount Monthly Income `6247.00 Future prospects @ 40% `2498.00 Total Monthly income `8745.00

FAO-2549-2016 -2- `4372.00 50% deduction as personal expenses Monthly dependency `4372.00 Annual Dependency `52,464.00 ( `4372.00 x 12 ) Multiplier Loss of dependency `9,44,352.00 Conventional head `70,000,00 Total compensation `10,14,352.00 `8,35,000.00 Compensation awarded by Tribunal `1,79,352.00 Enhancement of compensation The enhanced amount of `1,79,352.00, 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 14, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No