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Punjab-Haryana High Court

Rajinder Kumar And Others vs Shri Ravinder Kumar And Others on 4 February, 2014

Author: Kuldip Singh

Bench: Kuldip Singh

                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH

                                                FAO No.1069 of 2004
                                                Date of Decision: February 04, 2014

            Rajinder Kumar and others                      ..... Appellants

                                          vs.

            Shri Ravinder Kumar and others                 ..... Respondents

CORAM: HON'BLE MR. JUSTICE KULDIP SINGH Present: Ms. Ekta Thakur, Advocate for the appellants.

Mr. R.N. Singal, Advocate for the Insurance Company. Kuldip Singh. J (Oral) This claim petition was filed by the sons and widow of the deceased Om Parkash, who died in motor vehicle accident on 12.08.2001. The Tribunal assessed the income of the deceased at ` 40,000/- per annum and applied the multiplier of 5 and awarded the compensation to the tune of ` 2,17,650. Out of which ` 1,33,330/- were on account of loss of dependency only.

Dissatisfied with the same, the claimants have come up in this appeal.

In this case, the only question raised before this Court is that the deceased was of 60 years of age and multiplier of 5 was applied by the Tribunal, which is inappropriate, whereas, the multiplier of 8 should be applied, as per the schedule.

The contention has not been opposed by the learned counsel for the Insurance Company. Therefore, in place of multiplier of 5, multiplier of 8 is applied and the compensation on account of loss of dependency is enhanced from ` 1,33,300 to ` 2,13,336/-. The Rani Sarita 2014.02.07 10:03 I attest to the accuracy and integrity of this document Chandigarh FAO No.1069 of 2004 -2- amount awarded on the other heads and other conditions regarding the payment of interest will remain same.

The appeal is accordingly allowed to the said extent.





                                                           (KULDIP SINGH)
            February 04, 2014                                 JUDGE
            sarita




Rani Sarita
2014.02.07 10:03
I attest to the accuracy and
integrity of this document
Chandigarh