Punjab-Haryana High Court
Bhajan Singh And Another vs Baldev Singh And Others on 13 February, 2014
FAO No.3318 of 2004 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O. No.3318 of 2004 (O&M)
Date of decision : 13.02.2014
Bhajan Singh and another ...... Appellants
versus
Baldev Singh and others ...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Neeraj Khanna, Advocate
for the appellants.
Mr. Pardeep Goel, Advocate
for the respondent No.3-insurance company.
***
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?
AJAY TEWARI, J. (Oral)
This appeal has been filed by the claimants for the enhancement of compensation and to modify the award dated 08.08.2003 awarding compensation of `1,05,000/- along with interest @ 9% p.a. on account of death of Satnam Singh, aged 16 years.
Brief facts are that on 21/7/1997 the deceased Satnam Singh was working as labourer with Gurbachan Singh of Village Panj Garaiyan. His father, Bhajan Singh, claimant, was also grazing cattle nearby. At about 11.30 a.m. the deceased went to take water from the hand pump installed on Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.3318 of 2004 (O&M) -2- the premises of the aforesaid Gurudawara. In the meantime, a bus bearing No.PB-02-B-9477, being driven in a rash and negligent manner, came and hit the deceased without blowing horn. As a result thereof, Satnam Singh received multiple injuries. He was taken to the Civil Hospital, Ajnala and then he was shifted in emergency Ward of S.G.T.B. Hospital, Amritsar but he lost his battle for life.
Learned counsel for the appellants has argued that the deceased was a 16 years old boy who was earning by doing casual labour and the Tribunal has erred in granting lump-sum compensation without any head. He has further argued that at least the minimum wages had to be taken as income as per the admitted position. The minimum wages at the relevant time for the labourer was `1300/- p.m. Learned counsel for the respondent No.3-insurance company has argued that even if it is accepted that the deceased was working yet he could not have earned the full wages of an adult.
There is some weight in both the arguments. I consequently take the earning capacity of the deceased to be `1200/- p.m. To that 50% is added towards future prospects in view of the observations made by this Court in F.A.O. No.2990 of 2011, titled as Manjit Kaur and others vs. Ramesh Kumar and others, decided on 08.01.2014. However, since he was a bachelor he must have spent 50% on himself. Consequently, the deduction is fixed at 50%. In the circumstances, the dependency would work out to `900/- p.m. I further hold that multiplier of 16 has to be applied in view of the observations made by this Court in F.A.O. No.5181 of 2010, Sharma Ashish 2014.03.19 12:51 I attest to the accuracy and integrity of this document Chandigarh FAO No.3318 of 2004 (O&M) -3- titled as Nanak Singh and another vs. State of Punjab and another, decided on 17.01.2014. I further award an amount of `1 lac to the appellant No.2-mother on account of loss of love and affection. I further award an amount of `10,000/- more towards funeral expenses. It is made clear that the amount already awarded is set off against the amount to be paid now. Apart from the individual amount awarded on account of loss of love and affection, the enhanced amount would have to be deposited in a fixed deposit in the name of the appellant No.2 for a period of three years and she would be entitled to monthly interest thereon.
The appeal is disposed of in the above terms and the award is modified accordingly.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
February 13, 2014 JUDGE
ashish
Sharma Ashish
2014.03.19 12:51
I attest to the accuracy and
integrity of this document
Chandigarh