New India Assurance Co Ltd v. Raj Kumar & ORS

FAO No.4999 of 2015 (O&M) - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.4999 of 2015 (O&M) Date of Decision: August 03, 2015 New India Assurance Company Limited .... Appellant vs.

Raj Kumar and others .... Respondents

CORAM:

HON'BLE MR. JUSTICE KULDIP SINGH

Present:

Mr. Vinod Gupta, Advocate for the appellant.

1.Whether Reporters of Local Newspapers 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? Kuldip Singh J.(Oral) The Insurance Company has filed this appeal against the Award dated 30.05.2015 passed by the Motor Accident Claims Tribunal, Bhiwani (in short 'the Tribunal').

Learned counsel for the appellant contends that in this case 19 years old boy had died. His parents had filed the claim petition. The Tribunal assessed the income of the deceased at `6,000/- per month as per minimum wages. 50% of the income was added for future prospects. After deducting 50% as personal expenses, the multiplier of 14 was applied and compensation to the tune of `7,86,000/- was awarded including `5,000/- for loss of estate and `25,000/- for funeral expenses.

I am of the view that the impugned Award is perfectly in accordance with law. The income of the deceased was taken as per SARITA RANI 2015.08.06 16:33 I attest to the accuracy and authenticity of this document Chandigarh

FAO No.4999 of 2015 (O&M) - 2 - minimum wages. The future prospects were also rightly added. Rather multiplier of 14 was applied whereas multiplier of 18 should have been applied.

Accordingly, the present appeal stands dismissed. (KULDIP SINGH) August 03, 2015 JUDGE sarita SARITA RANI 2015.08.06 16:33 I attest to the accuracy and authenticity of this document Chandigarh