High Court of Punjab and HaryanaFAO/1083/2017disposed of

Ashok v. Satpal & ORS

2019-11-27Ms. Justice Nirmaljit Kaur2 pages

FAO-1083-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1083 of 2017 (O&M) Date of Decision: 27.11.2019 Ashok ....Appellant

Versus

Satpal and others ........Respondents

CORAM:

HON'BLE MS. JUSTICE NIRMALJIT KAUR

Present:

Mr. Dinesh Maurya, Advocate for Mr. G.S.Sandhu, Advocate, for the appellant.

Mr. Vinod Chaudhari, Advocate, for respondent No.3-Insurance Company.

NIRMALJIT KAUR, J. (ORAL) CM-3539-CII-2017 For the reasons mentioned in the application, the delay of 27 days in filing of the appeal is condoned.

CM stands allowed.

Main appeal Learned counsel for the parties do not dispute that the multiplier of 14 should have been applied instead of 12 in view of the settled proposition of law laid down by Hon'ble the Apex Court in the case of National Insurance Company Ltd. versus Pranay Sethi and others, (2017) 16 SCC 680.

In view of the above, the compensation is now re-assessed as per the calculation provided under:- Sr. No.

Head Amount assessed Income 6600/- per month Loss of income towards 40% disability 6600 x 40% = 2640/- Loss of dependancy and multiplier of 14 2640 x 12 x 14 = 4,43,520/- SHARMILA DEVI 2019.11.30 12:39 I attest to the accuracy and integrity of this document phhc Medical expenses 46424/-

FAO-1083-2017 (O&M) -2Sr. No.

Head Amount assessed Pain and suffering 20000/- Attendant charges, special diet, transportation etc.

20000/- Total 5,29,944/- Awarded by the Tribunal 466584/- Enhanced amount 63,360/- Thus, the enhanced compensation of ` 63,360/- be paid to the appellants within two months from the receipt of certified copy of this order alongwith 6% interest per annum from the date of filing of claim petition. In case the said amount is not paid within two months, the same shall be paid thereafter alongwith 12% interest from the expiry of the period of two months.

(NIRMALJIT KAUR) JUDGE 27.11.2019 sharmila Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No SHARMILA DEVI 2019.11.30 12:39 I attest to the accuracy and integrity of this document phhc