Punjab-Haryana High Court
Smt. Meena Devi And Another vs Sh. Gurnam Singh And Another on 14 January, 2014
Author: K. Kannan
Bench: K. Kannan
Archana arora
FAO No. 4366 of 2012(O&M) 1 2014.01.21 16:31
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
FAO No. 4366 of 2012(O&M)
Date of decision January 14, 2014
Smt. Meena Devi and another
....... Appellants
Versus
Sh. Gurnam Singh and another
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Ashwani Arora , Advocate
for the appellants.
None for the respondents.
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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?
K. Kannan, J (oral).
CM Nos. 23460-61-CII of 2012 For the reasons stated in the applications, applications are allowed. Delay in filing and refiling the appeal is condoned.
FAO No. 4366 of 2012
1. The issue for consideration is claim for compensation for death of a son of the claimants aged 24 years. He was running a shop and assessed to income tax before his death he had returned income after payment of tax at `1,20,764/-. The court had allowed for 50% deduction and applied a multiplier of 13 commensurate with the age of the claimants. The counsel arguing FAO No. 4366 of 2012(O&M) 2 for the appellant seeks for redetermination of compensation to make provision for a prospect of future increase in the manner contemplated in Reshma Kumari and others Vs. Madan Mohan 2013 8 SCC 54 and for choice of multiplier to conform to the age of the deceased in the manner dealt with by the Supreme Court in Amrit Bhansali Vs. National Insurance Co. Ltd. 2012 ACJ 2002. I will accede to the contention and take the increase to be `1,75,000/- adopt a multiplier of 18 and provide also for funeral expenses at `25,000/- and other conventional heads and tabulate the same as under:
Heads of claim Tribunal High Court S.No. ` ` ` 1 Income 1,20,764 1,26,764/-
Add, % of increase 1,75,000/-
2 50%
3 Deduction
4 Multiplier 13 18
5 Loss of dependence 15,75,000/-
Loss of 10,000/-
consortium/love and
6 affection
7 Loss to estate 10,000/-
8 Funeral expenses 25,000/-
Total 7,85,000/- 16,20,000/-
2. The additional amount will attract interest at 7.5% per annum and the liability shall be the same as determined already.
The appeal is allowed to the above extent.
(K. KANNAN) JUDGE January 14, 2014 archana