Punjab-Haryana High Court
Suman Wife Of Sh. Bani Singh (Mother Of ... vs Mahender Singh Son Of Sh. Pyara Singh ... on 24 May, 2011
Author: K. Kannan
Bench: K. Kannan
FAO No. 5559 of 2010 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 5559 of 2010
Date of Decision. 24.05.2011
Suman wife of Sh. Bani Singh (mother of deceased Ram Kumar) and
another ......Appellants
Versus
Mahender Singh son of Sh. Pyara Singh Kamboj and others
.....Respondents
Present: Mr. R.A. Sheoran, Advocate
for the appellants.
None for respondent Nos.1 and 2.
Mr. D.P. Gupta, Advocate
for the insurance company.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No.
2. To be referred to the Reporters or not ? No.
3. Whether the judgment should be reported in the Digest? No.
-.-
K. KANNAN J.(ORAL)
1. The appeal is for enhancement of claim for compensation for death of a boy aged 6 years. The Tribunal has awarded a lump sum amount of Rs.1,80,000/- as compensation.
2. Learned counsel appearing for the appellants states that the amount awarded is grossly low. Learned counsel for the insurance company says that at best, a notional amount of Rs.15,000/- could be taken for the child to have earned, if he had become major and the compensation awarded already is adequate.
3. Scales of compensation for death of children cannot come by any mathematical formulation since the issue of dependency does not FAO No. 5559 of 2010 -2- arise for a person who has not still earned. Over and above the compensation of Rs.1,80,000/-, which has been awarded by the Tribunal, I feel inclined to award an additional amount of Rs.50,000/- in terms of the law laid down by the Hon'ble Supreme Court in R.K. Malik and another Vs. Kiran Pal and others 2009(8) Scale 451.
4. The additional amount of Rs.50,000/- shall also attract interest @6% from the date of the petition till the date of payment. The award is modified and the appeal is allowed to the above extent.
(K. KANNAN) JUDGE May 24, 2011 Pankaj*