Surjit Kaur And Others vs Sher Singh And Another on 3 March, 2014

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Punjab-Haryana High Court

Surjit Kaur And Others vs Sher Singh And Another on 3 March, 2014

Bench: K. Kannan

             FAO No.2494 of 1997                                          -1-

                  IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
                                         CHANDIGARH

                                                          FAO No.2494 of 1997
                                                          Date of Decision.03.03.2014

             Surjit Kaur and others                                       ......Appellants

                                                    Versus

             Sher Singh and another                                       .....Respondents

             Present:          Mr. Vikas Suri, Advocate
                               for the appellant.

                               None for the respondent.

             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 appeal is for enhancement of claim for compensation for death of a person aged 50 years who was a rickshaw puller. The Tribunal assessed a compensation of ` 50,000/- as payable. I will take the average income at ` 2,000/- per month, make a provision for 1/4th deduction and take the contribution to the family at ` 1500/-. The compensation is reassessed and tabulated as under:-

FATAL ACCIDENTS Age 50 years Occupation Rickshaw puller Claimants Widow and three children Heads of claim Tribunal High Court Sl. No. Amount Amount (Rs.) (Rs) 1 Income 2000 2 Add, % of increase 30% / 50% -- 3 Less, Deduction Kamboj Pankaj Kumar 2014.03.06 11:31 I attest to the accuracy and integrity of this document Chandigarh FAO No.2494 of 1997 -2- FATAL ACCIDENTS 4 Multiplicand (annualized by 1/4th multiplying 12) 5 Multiplier 13 6 Loss of dependence 2,34,000 7 Medical Expenses & Transportation --

              8                 Loss of Consortium                               1,00,000
              9                 Loss of love and affection                       1,00,000
              10                Loss to estate                                   2500
              11                Funeral expenses                                 2500
                                             Total                    50,000     4,39,000/-

2. The total compensation payable shall be ` 4,39,000/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be in the same manner as determined by the Tribunal.

3. The award stands modified and the appeal is allowed to the above extent.

(K. KANNAN) JUDGE March 03, 2014 Pankaj* Kamboj Pankaj Kumar 2014.03.06 11:31 I attest to the accuracy and integrity of this document Chandigarh

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