Punjab-Haryana High Court
Bhim Singh Son Of Khema vs Shri Bhagwan Son Of Sh. Bhim Singh on 27 August, 2012
Author: K. Kannan
Bench: K. Kannan
FAO No.3904 of 2011(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.3904 of 2011(O&M)
Date of Decision: 27.08.2012
Bhim Singh son of Khema, resident of village Kaith, Police
Station Israna, District, Panipat and another.
... Appellants
Versus
Shri Bhagwan son of Sh. Bhim Singh, resident of village Kaith,
P.S. Israna, District Panipat and another.
... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:Mr. Ajit Attri, Advocate
for the appellants.
Mr. Aseem Aggarwal, Advocate for
Mr. Harsh Aggarwal, Advocate,
for respondent No.2.
*****
1.Whether reporters of local papers may be allowed to
see the judgment? NO
2.To be referred to the reporters or not? NO
3.Whether the judgment should be reported in the
digest? NO
K. KANNAN, J. (Oral)
1. The appeal for enhancement is sought on the ground that the compensation assessed is inadequate as regards the death of a householder, aged 45 years, where the Tribunal has taken the income at `2,400/- per month. It was urged that the value of the householder's service must be taken as `3,300/- per month. The counsel appearing on behalf of the Insurance Company would contend that where the deceased has no income at all, in a petition filed under Section 163-A of the MV FAO No.3904 of 2011(O&M) [2] Act, the notional income could only be taken as `15,000/- in the manner provided statutorily, therefore, the assessment was correct.
2. In the present case, the matter relates to a death of person in an accident in the year 2010. We have come by judicial dispensation that householder's service would be not less than `3,000-3,500/- p.m., I would therefore, hold that the Court below was not justified in providing for the notional income only at `15,000/- annually. If the income has taken at `3,000/- per month, the extent of dependence should be taken as `2,000/- per month. The loss of dependence would be `2,64,000/- by adopting the multiplier of 11. To that shall be added the notional heads of claims towards funeral expenses, loss to estate and loss of consortium, in the manner provided under Section 163-A of the MV Act and an additional amount of `9,500/- will have to be also awarded. The total amount would be `2,73,500/-. The amount in excess of what has been awarded by the Tribunal will draw interest @ 6% per annum from the date of petition till the date of payment.
3. The award stands modified and the appeal is allowed to the above extent. The liability in the manner of apportionment shall be for the same manner as determined by the Tribunal.
27th August, 2012 ( K. KANNAN ) Rajan JUDGE