Punjab-Haryana High Court
Sona Devi vs Ramesh Kumar And Others Decided On ... on 11 February, 2014
F.A.O No. 6659 of 2010 (O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
F.A.O No. 6659 of 2010 (O&M)
Date of decision : February 11, 2014
Sona Devi,
...... Appellant
v.
Mohinder Singh and others,
...... Respondents
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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
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Present : Mr. Manoj Chahal, Advocate
for the appellant.
Mr. Subhash Goel, Advocate
for the Insurance Company.
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1. Whether Reporters of Local Newspapers 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)
This appeal has been filed by the claimant for enhancement of compensation.
Brief facts are that on 27.4.2009, Suresh alias Kalu along with three others of his village was going to attend a marriage in a car being driven by him and when they reached at a distance of about five Kms from village Lahli towards Kalanaur, a truck being driven by respondent No.1 came from back and struck against the car. As a result of this accident, Suresh alias Kalu succumbed to his injuries.
The Tribunal held respondent No.1 responsible for causing the accident. Monthly income of the deceased was assessed as Rs.3900/-, and Kumar Kishan 2014.03.11 10:32 I attest to the accuracy and integrity of this document High Court Chandigarh F.A.O No. 6659 of 2010 (O&M) ::2::
after deducing 50% as personal expenses and applying the multiplier of 14, the Tribunal assessed the compensation as Rs.3,27,600/-. Besides this, a sum of Rs.5,000/- was awarded towards transportation and last rites.
Counsel for the appellant has argued that the Tribunal erred in not granting any future prospects and that nothing has been granted towards loss of love and affection.
I find this is indeed so. Consequently, in view of the decision of this Court in FAO No. 2990 of 2011, Manjit Kaur and others versus Ramesh Kumar and others decided on 8.1.2014, I grant 50% as future prospects, and multiplier of 16 in the present case would be appropriate. I award Rs.1 lac towards loss of love and affection and a sum of Rs.15,000/- more on account of last rites. Rate of interest would be 8% pa from the date of filing the claim petition till the date of payment.
It is made clear that the management of the enhanced compensation amount would be as per the direction of the Tribunal.
The appeal stands disposed of in the above terms.
( AJAY TEWARI )
February 11, 2014 JUDGE
`kk'
Kumar Kishan
2014.03.11 10:32
I attest to the accuracy and
integrity of this document
High Court Chandigarh