Ramrati Devi And ANR v. Randhir Singh And ORS

-1243+103

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: September 30, 2019 Ramrati Devi and another .....Appellants

Versus

Randhir Singh and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Yashveer Kharb, Advocate for the appellants.

Mr.R.N.Singal, Advocate for the respondent-Insurance Company.

........

NIRMALJIT KAUR, J. (ORAL) CM-5912-CII-2019 Application is allowed. Written statement is taken on record. CM-14763-CII-2018 For the reasons mentioned in the application, the same is allowed and delay of 1416 days in filing the appeal is condoned. However, the appellants will not be entitled to the interest for this period in case the amount is enhanced.

CM-14764-CII-2018 Application for exemption is allowed as prayed for. Learned counsel for the appellants while praying for

-2enhancement states that no future prospects has been granted, whereas it should have been granted @ 25% taking into account that age of the deceased was 45 years. Further it is stated that under the head 'Consortium' Rs.70,000/- should have been granted, whereas only Rs.45,000/- were granted.

Leaned counsel for the respondent-Insurance Company is not able to dispute the same 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 following amount is calculated as per the calculations provided hereunder:

Head Amount Monthly Income `5,000.00 Future prospects @ 25% `1250.00 Total Monthly income `6,250.00 `1562.50 1/4th deduction as personal expenses Monthly dependency `4,687.50 Annual Dependency `56,250.00 Multiplier Total dependency `7,87,500.00 Loss of consortium `70,000.00 Total dependency `8,57,500.00 `6,75,000.00 Compensation awarded by Tribunal `1,82,500.00 Enhancement of compensation The enhanced amount of `1,82,500.00, 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

-3by 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. However, no interest shall be granted for 1416 days, which are the days towards the delay in filing the appeal.

Disposed of accordingly.

September 30, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No