Punjab-Haryana High Court
Salindero Wd/O Shri Rajender Singh And ... vs State Of Haryana And Others on 23 December, 2010
Author: K.Kannan
Bench: K.Kannan
F.A.O.NO. 534 OF 1998(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O.NO. 534 OF 1998(O&M)
Date of decision:23rd December, 2010
Salindero wd/o Shri Rajender Singh and others
.......Appellants
Versus
State of Haryana and others
........Respondents
BEFORE: HON'BLE MR. JUSTICE K.KANNAN
Present: Mr. Ravinder Malik, Advocate,
for the appellants.
Mr. Kunal Garg, AAG, Haryana
for the State of Haryana.
1. Whether Reporters of local papers may be allowed to see
the judgment? Yes/No
2. To be referred to the Reporters or not?Yes/No
3. Whether the judgment should be reported in the Digest?
Yes/No
K.Kannan, J.(Oral)
1. The appeal is for enhancement of compensation for death of a casual labourer, aged 20 years, who had died in a motor accident. The claimants were widow, posthumous son and parents. The Tribunal took the income at Rs. 1,500/- per month, provided deduction of 1/3rd towards personal expenses and adopted a multiplier of 16. I will instead take the deduction as 1/4th, having regard to the fact that the son was born immediately after the death, I would take the contribution towards family at Rs.1,125/-. I would increase the multiplier to 18 instead of 16 as taken by the Tribunal and that would F.A.O.NO. 534 OF 1998(O&M) 2 mean Rs. 2,43,000/-. I will add Rs. 5,000/- as loss of consortium for the wife, another Rs. 5,000/- for loss of affection for a child that had never seen his own father, I would provide for another Rs.2,500/- for loss to estate and Rs. 2,000/- towards funeral expenses. In all the total amount of compensation will become payable at Rs. 2,57,500/-. The Tribunal had already awarded Rs. 1,92,000/- and the amount in excess over what has already been awarded by the Tribunal shall bear interest at 6% from the date of the petition till the date of payment. The increase in amount shall be divided amongst the widow and the minor son only.
2. The appeal is allowed to the above extent.
[K.KANNAN] JUDGE 23rd December, 2010 Shivani Kaushik