Punjab-Haryana High Court
Sh. Joga Singh S/O Sh. Man Singh C/O The ... vs Smt. Charanjit Wd/O Sh. Sampuran Singh ... on 12 July, 2010
Author: K. Kannan
Bench: K. Kannan
FAO No.934 of 1992 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.934 of 1992
Date of Decision.12.07.2010
Sh. Joga Singh S/o Sh. Man Singh C/o The President, The Truck
Operator Union, Samana Mandi, Distt. Patiala (Pb) (driver of truck
No.PJV-9888) and another
.........Appellants
Versus
Smt. Charanjit wd/o Sh. Sampuran Singh and others
.......Respondents
Present: Mr. D.P. Gupta, Advocate
for the appellant.
None for the respondents.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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.(ORAL)
1. The appeal is filed jointly by the insurance company and the insured. Having regard to the decision of the Hon'ble Supreme Court in Chinnama George and others Vs. N.K. Raju and another 2000 (4) SCC 130, the insurance company is arrayed as a respondent and the appeal is taken as being prosecuted only by the owner. Accordingly, it is ordered that the insurance company is transposed as respondent No.8 and the registry shall carry out the amendment to the memo of parties after transposition in the manner referred to above.
2. The challenge is only with reference to quantum of an FAO No.934 of 1992 -2- agriculturist, aged 35 years, who died in the accident. Defence was that the deceased was a co-owner along with his brothers in the extent of 4 acres of land. The claimants claimed that he was earning Rs.8,000/- but the Tribunal took his income to be Rs.3,000/- provided to the family an extent of dependence of Rs.2,000/- and adopting a multiplier of 16, gave to him a compensation of Rs.3,84,000/-. As regards the extent of dependence and the choice of multiplier, there cannot be a dispute, having regard to the fact that he was the person aged 35 years. Even as regards the multiplicand that had a bearing to the contribution to the family, it was modest.
3. I see no scope for interference. The award is confirmed and the appeal is dismissed.
(K. KANNAN) JUDGE July 12, 2010 Pankaj*