Neelam & ORS v. Nihal Singh & ORS

FAO-4884-2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4884-2014 Date of Decision: September 13, 2019 Neelam and others .....Appellants

Versus

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

Present:

Mr.Arvind Kumar Yadav, Advocate for the appellants.

Mr.Satpal Dhamija, Advocate for the Insurance Company.

........

NIRMALJIT KAUR, J. (ORAL) Learned counsel for the parties agree that future prospects @ 40% were wrongly denied in terms of the well settled proposition of law in view of the judgment of Hon'ble Apex Court in National Insurance Company Limited vs Pranay Sethi and others, 2017(16) SCC 680. In view of the above, the enhanced amount be paid to the appellant-claimants as per the calculations provided hereunder: Head Amount Monthly Income `5000.00 Future prospects @ 40% `2000.00 `667.00 (1/3rd of `2000.00) 1/3rd deduction as personal expenses from future prospects Balance of future prospects `1333.00 Enhancement of compensation `2,55,936.00 ( `1333.00 x 12 x 16) MEENU 2019.09.17 10:36 I attest to the accuracy and authenticity of this document chandigarh The enhanced amount of `2,55,936.00, as per the above

FAO-4884-2014 -2calculation, 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.

September 13, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2019.09.17 10:36 I attest to the accuracy and authenticity of this document chandigarh