Punjab-Haryana High Court
Smt. Usha Rani And Others vs Joginder Singh And Others on 4 February, 2011
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.1097 of 2001 (O&M)
Date of decision:04.02.2011
Smt. Usha Rani and others ....Appellants
versus
Joginder Singh and others ..Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Jagdish Manchanda, Advocate, for the appellants.
None for respondents 1 and 2.
Mr. Paul S. Saini, Advocate, for respondent No.3.
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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 ?
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K.Kannan, J. (Oral)
1. The appeal is for enhancement of claim for compensation for death of the husband of the first claimant, who was an Executive Engineer in Haryana State Electricity Board. The income proved on record was Rs.17,468/-. The claimants were his widow, two unmarried daughters and a son, who was 32 years. The Tribunal assessed a monthly dependence at Rs.10,000/- and adopted a multiplier of 9 to find the entitlement of the claimants to be Rs.10,80,000/-.
2. The learned counsel seeks for reappraisal of the claim for compensation in the manner laid down by the decision of the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport FAO No.1097 of 2001 (O&M) -2- Corporation and another 2009(6) SCC 121. I will provide accordingly for a 30% increase for a prospect of increase in salary, make a 10% deduction for tax and apply 1/3rd deduction and take a multiplier of 13 instead of 9 as taken by the Tribunal. The amount of compensation payable is tabulated as below:-
Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) Age: 49 Occupation: Executive Engineer Claimants: wife, two daughters and one son
1. Income 17,468
2. Add, 30 % of increase - 22,708.40 3. Deduction 1/3 1/3
4. Multiplicand 10,000 x 12 13,624.66 5. Multiplier 9 13
6. Loss of dependence - 21,25,450
7. Loss of consortium - 5,000
7. Loss to estate - 5,000
8. Funeral expenses. - 2,500 ________ ________ Total 10,80,000 21,37,950
3. Since more than 14 years have elapsed from the date of accident, I will make no provision for deposit of the amount and the same may be distributed amongst the widow, daughters and son in the ratio of 2:1:1:1:1.
4. The appeal is allowed to the above terms.
(K.KANNAN) JUDGE 04.02.2011 sanjeev