Punjab-Haryana High Court
Smt. Tripta Devi And Ors vs Kuldeep Chauhan And Ors on 18 November, 2022
FAO No.2130 of 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.2130 of 2019
Date of Decision:-18.11.2022
Smt. Tripta Devi and others
...Appellants
Versus
Kuldeep Chauhan and others
...Respondents
CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA
Present:- Mr. Yogesh Gupta, Advocate
for the appellants.
Service upon respondents No.1 and 2 dispensed with (vide
order dated 24.10.2019).
Mr. R.N. Singal, Advocate
for respondent No.3-Insurance Company.
NIDHI GUPTA J.(Oral)
Prayer in this appeal is for enhancement of compensation awarded by the Tribunal vide order dated 06.12.2018.
It is submitted by learned counsel for the appellants that the Tribunal is in patent error in applying split multiplier on the ground that the deceased was about to retire as at the time of incident, he was about 57 years old. It is submitted by learned counsel that this is impermissible in view of judgment of the Supreme Court in R. Valli and others vs. Tamil Nadu State Transport Corporation Ltd. 2022(1) RCR (Civil) 867 and the judgment of this Court in Oriental Insurance Company Ltd. vs. Randhir 1 of 2 ::: Downloaded on - 24-11-2022 00:06:57 ::: FAO No.2130 of 2019 -2- Kaur and others 2018(2) ACC 771. It is further submitted that loss of consortium to the two dependent sons was also not given.
Learned counsel for respondent No.3-Insurance Company does not dispute this fact.
Accordingly, the appeal is allowed and the enhanced compensation, as follows, is awarded :-
Monthly Salary after deduction of Rs.55,000/- income tax Add Future Prospects (15%) Rs.8250/-
Total Rs.63,250/-
Less deduction (1/3rd) Rs.21,083/-
Balance Rs.42,167/-
Loss of Dependency (42167 x 12 x 9) Rs.45,54,036/-
Add conventional Heads :-
Funeral expenses Rs.16,500/- Loss of Estate Rs.16,500/- Consortium @ 44,000/- each for Rs.1,32,000/- widow & two dependent sons Total Compensation Rs.47,19,036/- Less MACT award Rs.21,65,090/-
Enhancement Rs.25,53,946/-
with interest @
9% per annum
from the date of
filing claim
petition.
Disposed of, as above.
November 18, 2022 ( NIDHI GUPTA )
Vijay Asija JUDGE
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
2 of 2
::: Downloaded on - 24-11-2022 00:06:57 :::