Rita Sharma And ORS v. Shingara Singh & ANR

FAO-6342-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6342-2015 Date of Decision: July 08, 2019 Rita Sharma and another .....Appellants

Versus

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

Present:

Mr.Abhinav Singla, Advocate for the appellants.

Mr.Ankur Gupta, Advocate for respondent No.2-Insurance Company.

........

NIRMALJIT KAUR, J. (ORAL) The present appeal has been filed by the claimants. The only argument raised is that the multiplier should have been 9 instead of 8 as age of the deceased was 58 years. This fact is not disputed by learned counsel for respondent N.2-Insurance Company. At the same time, it is also pointed out by learned counsel for the parties that an amount of `1,75,000.00 has been given under the head 'Conventional Charges', whereas it should have been `70,000.00 as per the judgment of the Hon'ble Apex Court in National Insurance Company Limited vs Pranay Sethi and others, 2017(16) SCC 680.

In view of the admitted position, while applying the multiplier of 9 and by deducting the excess amount beyond `70,000.00 under the head MEENU 2019.07.10 17:10 I attest to the accuracy and authenticity of this document chandigarh

FAO-6342-2015 -2Conventional Charges, the amount to be awarded is re-assessed as under:- Heads Amount Income `71706.00 Future prospects `10,756.00 (15% of the income) Total Income `82,462.00 After deducting 1/3rd from the total income, the net amount `54,975.00 Multiplier Dependency `54,975 x 12 x 9 = `59,37,300.00 Conventional charges `70,000.00 Total `60,07,300.00 Amount awarded by the Tribunal `54,37,841.00 Difference `60,07,300.00 - `54, 37,841.00 = `5,69,459.00 Accordingly, the enhanced amount of `5,69,459.00 be paid to the appellant-claimants alongwith 6% interest 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 respondent shall liable to pay the said amount thereafter with 12% interest from the expiry of the period of that two months.

Disposed of.

July 08, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2019.07.10 17:10 I attest to the accuracy and authenticity of this document chandigarh