Harpreet Kaur And Others vs Chain Singh And Others on 13 August, 2009

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Punjab-Haryana High Court

Harpreet Kaur And Others vs Chain Singh And Others on 13 August, 2009

Bench: A.N.Jindal

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                         F.A.O.No.944 of 2009(O&M)
                         Date of Decision 13.08.2009

Harpreet Kaur and others
                                                   ......Appellants

                         VERSUS

Chain Singh and others
                                                   ......Respondents

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL

Present:    Mr.R.K.Shukla, Advocate, for the appellants.

            Ms.Vandana Malhotra, Advocate,
            for respondent No.3-Insurance Company.


                         *****

A.N.JINDAL, J(ORAL):

This appeal for enhancement is directed against the award dated 21.08.2006, passed by Motor Accident Claims Tribunal, Patiala, awarding compensation to the tune of Rs.3,10,000/- alongwith interest @ 9% per annum, on the death of Jaspinder Singh aged about 32 years, in favour of the appellants-claimants (herein referred as 'the appellants') and against respondents No.1 to 3 jointly and severally.

Neither the negligence nor the liability of respondent No.1 has been challenged. However, the appellants have sought enhancement of compensation.

Heard. It has come in evidence that the deceased Jaspinder Singh, aged about 32 years, was working as a driver. The Tribunal fell in error while considering his income as Rs.2500/- per month. Even a daily earns not less than Rs.100/- per day i.e. Rs.3,000/- per month. The multiplier of 15 as applied by the Tribunal is also not suitable in this case. F.A.O.No.944 of 2009(O&M) -2- As per judgment delivered in case Smt.Sarla Verma and others vs. Delhi Transport Corporation and another 2009 (3) RCR (Civil) Page 77 the Apex Court has issued the guidelines for applying a multiplier of 16 in such cases. Thus, while assessing the income of the deceased as Rs.3,000/- per month and after deducting 1/3rd which he must be spending upon himself, the net dependency towards the appellants comes to Rs.2,000/- per month and Rs.24,000/- per annum. While applying a multiplier of 16, it comes to Rs.3,84,000/-. The Tribunal also fell in error in not awarding anything on account of consortium and loss of estate. As such, I award a sum of Rs.10,000/- on the aforesaid heads.

Resultantly, this appeal is partly accepted and the impugned award is modified by enhancing compensation to the tune of Rs.84,000/- over and above the award amount alongwith interest at the rate of 9% per annum on the enhanced amount.

(A.N.Jindal) Judge 13.08.2009 mamta-II

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