Punjab-Haryana High Court
Smt. Madhu Bala Widow Of Ajay Kumar And ... vs Jit Singh Son Of Ram Piara And Others on 7 February, 2013
Author: K. Kannan
Bench: K. Kannan
FAO No.873 of 1994 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.873 of 1994
Date of Decision.07.02.2013
Smt. Madhu Bala widow of Ajay Kumar and others
.....Appellants
Versus
Jit Singh son of Ram Piara and others .......Respondents
Present: Mr. Deepak, Advocate for
Mr. Rishi Pal Singh, Advocate
for the appellants.
None for the respondents.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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 claim for compensation assessed at Rs.1,92,000/- is the subject of appeal at the instance of the wife and the parents. The deceased was a male aged 22 years and was said to be a cloth merchant. The death had occurred in a motor accident barely four months after his wedding. The Tribunal had assessed the annual income at ` 15,000/-, adopted a multiplier of 16 and assessed the compensation at ` 1,92,000/-.
2. Learned counsel appearing for the appellant contends that he had started well in his life and he had telephone connection in his own name and he had all the modern gadgets for a comfortable living such as TV, Refrigerator etc. Learned counsel also argues that there must have been a provision for prospect of increase in his income over a FAO No.873 of 1994 -2- period of time. I accede to the plea and take the average income of the deceased at ` 40,000/- per annum, adopt a deduction of 1/3rd and apply a multiplier of 18 to take the loss the dependency at ` 4,80,000/-. I will also make a provision for loss of consortium to the wife at ` 5,000/- and provide for ` 2500/- for loss to estate and funeral expenses each. The total amount of compensation would be ` 4,90,000/-. The amount in excess of what has already been provided by the Tribunal will attract interest @ 7.5% from the date of petition till the date of payment. The additional amount that has been assessed shall be apportioned in the ratio of 2:1 for the widow and the parents together.
3. The award stands modified and the appeal is allowed to the above extent.
(K. KANNAN) JUDGE February 07, 2013 Pankaj*