Punjab-Haryana High Court
Smt. Kalawati And Another vs Sh. Chaman Lal And Others on 12 February, 2014
FAO No.5046 of 2006 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O. No.5046 of 2006 (O&M)
Date of decision : 12.02.2014
Smt. Kalawati and another ...... Appellants
versus
Sh. Chaman Lal and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Ashwani Arora, Advocate
for the appellants.
Mr. Paul S. Saini, Advocate
for the respondent No.3-insurance company.
***
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
AJAY TEWARI, J. (Oral)
Copy of the paper book has been supplied and the same is taken on record.
Learned counsel for the parties state that since the liability is not disputed service upon other respondents may be exempted. Allowed as prayed for.
This appeal has been filed by the claimants for the enhancement of compensation and to modify the award dated 01.09.2006 awarding compensation of `2.7 lacs along with interest @ 7.5% p.a. on account of Sharma Ashish 2014.02.26 12:01 I attest to the accuracy and integrity of this document Chandigarh FAO No.5046 of 2006 (O&M) -2- death of Tilak Ram aged 23 years.
Brief facts are that on 27.01.2005 Tilak Ram was proceeding from Chak Hakim to Village Kashi Nagar on a bicycle and when he had reached in front of gate of G.N.A. College, Phagwara, a bus bearing No.PB- 08-AJ-7381, being driven in a rash and negligent manner, came and struck against the bicycle of Tilak Ram. As a result of the accident, he was run over and crushed to death.
At the very outset, learned counsel for the respondent No.3- insurance company has argued that deduction of 1/3rd is too little in a case of unmarried son.
I find that this is indeed so. Consequently, I hold that deduction 50% has to be applied.
Learned counsel for the appellants has argued that as per the law laid down in Rajesh and others v. Rajbir Singh and others reported as 2013(9) SCC 54, 50% has to be added to the income on account of future prospects.
Learned counsel for the appellants has further argued that under conventional heads only an amount of `6,000/- has been awarded and has relied upon the decision of the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others, (2013-3) PLR 776.
Learned counsel for the respondent No.3-insurance company has argued that the Hon'ble Supreme Court in Rajesh and others' case (supra) granted a total amount of `1 lac towards loss of consortium to the widow and `1 lac to three minor children for loss of care and guidance. Sharma Ashish 2014.02.26 12:01 I attest to the accuracy and integrity of this document Chandigarh FAO No.5046 of 2006 (O&M) -3-
Learned counsel for the appellants, on the other hand, has contended that in Vimal Kanwar and others' case (supra), the Hon'ble Supreme Court awarded a sum of `1 lac to the widow and a sum of `2 lac to the minor girl on account of loss of love and affection, and another sum of `1 lac towards loss of consortium to the widow.
Learned counsel for the appellants has further argued that multiplier of 18 has to be applied instead of 11 as per the age of the deceased.
Keeping in view the entire conspectus of facts, I award `50,000/- on account of loss of love and affection to the appellant No.1- mother. I further hold that multiplier of 15 has to be applied instead of 11 in view of the observations made by this Court in F.A.O. No.5181 of 2010, titled as Nanak Singh and another vs. State of Punjab and another, decided on 17.01.2014. I also add future prospects in the income with the addition of 50% in view of the observations made by this Court in F.A.O. No.2990 of 2011, titled as Manjit Kaur and others vs. Ramesh Kumar and others, decided on 08.01.2014. I further award `9,000/- more towards funeral expenses and transportation. The enhanced amount shall be paid along with the same rate of interest as awarded by the Tribunal from the date of filing of the claim petition till the date of realization. It is made clear that apart from the individual amount the apportionment and management of the enhanced amount would be as per the direction of the Tribunal.
Sharma Ashish 2014.02.26 12:01 I attest to the accuracy and integrity of this document Chandigarh FAO No.5046 of 2006 (O&M) -4-
The appeal is disposed of in the above terms and the award is modified accordingly.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 12, 2014 JUDGE
ashish
Sharma Ashish
2014.02.26 12:01
I attest to the accuracy and
integrity of this document
Chandigarh