Punjab-Haryana High Court
Satwinder Kaur And Others vs Harpal Singh @ Pala And Others on 7 May, 2014
Author: K. Kannan
Bench: K. Kannan
Archana arora
FAO No. 1983 of 1995 1 2014.05.07 16:13
I am the author of this
document
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
FAO No. 1953 of 1995
Date of decision: May 7 , 2014
Satwinder Kaur and others
....... Appellants
Versus
Harpal Singh @ Pala and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Ajit Sihag, Advocate
for the appellants.
Mr. Jagjit Singh,, Advocate
for respondent No.3.
****
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?
K. Kannan, J .
1. The appeal is for enhancement of compensation. The deceased was a "grinder man" in Italy. who had a visa expiring 3 years. His income in Indian currency equivalent was about `34256/-. The Court made a deduction of 50% for personal expenses and applied a differential multiplier of 3 for the income shown and for the balance of years it assumed that he would have an income of `3,000/- per month and applied a multiplier of 10. Since a split multiplier is not legally favoured and there was an exceptional circumstance, where the return to India was imminent, his income would not have been the same on his return. Even thus there was no warrant for taking the income to be grossly low at `3,000/-. I shall take the income at `10,000/- apply a deduction of FAO No. 1983 of 1995 2 1/4th and take the contribution to the family at `7500/-. I will apply a multiplier of 10 and take the loss of dependence at (7500 x 12 x 10) `9,02,000/-, which is in excess by `6,60,000/- over what was already assessed. I shall make a further provision of `1 lac for loss of consortium `2 lacs for loss of love and affection for 4 daughters, `20,000/- for loss of estate and `20,000/- for funeral expenses.
2. There shall be consequently an additional amount of `10 lacs with interest at 7.5% from the date of petition till the date of payment. The parents were 80 years about 20 years back and hence the additional amount shall not avail to them but only to the widow and daughters equally. The right of enforcement shall be available against the insurer.
3. The award is enhanced and the appeal is allowed to the above extent.
(K. KANNAN) JUDGE May 7, 2014 archana