Punjab-Haryana High Court
Mohinder Kaur vs State Of Haryana And Ors on 13 January, 2016
FAO No.5497 of 2002 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.M. No.582-83-CII-2016 in/and
F.A.O. No.5497 of 2002
Date of Decision : 13.01.2016
Smt. Mohinder Kaur and another ...... Appellants
versus
State of Haryana and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Sagar Aggarwal, Advocate
for the appellants.
Mr. Pawan Kumar Jhangra, Addl.A.G., Haryana.
***
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)
C.M. No.582-83-2016 For the reasons recorded, the applications are allowed subject to all just exceptions. Document Annexure A-1 is taken on record. The main case is taken up for hearing today itself.
F.A.O No.5497-2002 This appeal has been filed by the claimants for the enhancement of compensation and to modify the award dated 01.05.2002 on account of death of Sh. Jagir Singh, aged 56 years, in a motor vehicular accident. ASHISH 2016.01.19 14:45 I attest to the accuracy and authenticity of this document Chandigarh FAO No.5497 of 2002 (O&M) -2-
The Tribunal while taking the income of Rs.7500/- p.m. assessed the dependency at Rs.60,000/- p.a. while applying the deduction of 1/3rd. The Tribunal applied the multiplier of 4. The Tribunal further awarded Rs.2500/- each towards loss of consortium and funeral charges and awarded total compensation of Rs.2,45,000/- along with interest @ 9% p.a. Learned counsel for the appellants has argued that it was admitted that the salary of the deceased was Rs.7705/- p.m. and the Tribunal erred in fixing the income at Rs.7500/- p.m. Learned counsel for the appellants has further argued that multiplier of 9 has to be applied instead of 4 as per the age of the deceased as held by the Hon'ble Supreme Court in Sarla Verma and others v. Delhi Transport Corporation and another, 2009 ACJ 1298.
Learned counsel for the appellants has further argued that as per the law laid down in Rajesh and others v. Rajbir Singh and others reported as 2013(9) SCC 54, more amount has to be awarded on account of loss of consortium. He has further argued that 15% has to be added to the income on account of future prospects.
Learned counsel for the appellants has further argued that under conventional heads very less amount 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-State has argued that the Hon'ble Supreme Court in Rajesh and others' case (supra) granted a total amount of Rs.1 lac towards loss of consortium to the widow. ASHISH 2016.01.19 14:45 I attest to the accuracy and authenticity of this document Chandigarh FAO No.5497 of 2002 (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 Rs.1 lac on account of loss of love and affection and another sum of Rs.1 lac towards loss of consortium to the widow.
Keeping in view the entire conspectus of facts, I assessed the income of the deceased as Rs.7700/-. I further fix the multiplier at 9. I further award award Rs.2500/- more towards funeral expenses, Rs.47,500/- more on account of loss of consortium and Rs.50,000/- on account of loss of love and affection to the appellant No.1-widow. I also add future prospects in the income with the addition of 15%.
The enhanced amounts shall be paid along with interest @ 8% p.a. from the date of filing of the claim petition till realization. Apart from the individual amounts awarded, the apportionment and management would be as per the direction of the Tribunal.
The appeal is allowed 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 )
January 13, 2016 JUDGE
ashish
ASHISH
2016.01.19 14:45
I attest to the accuracy and
authenticity of this document
Chandigarh