Punjab-Haryana High Court
Smt. Pritam Kaur & Others vs Sh. Jaspal Singh @ Sonu & Others on 11 December, 2008
Author: Ajay Tewari
Bench: Ajay Tewari
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
FAO No.5238 of 2005
Date of decision : December 11, 2008
Smt. Pritam Kaur & others ... Appellants
Versus
Sh. Jaspal Singh @ Sonu & others ... Respondents
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present : Mr. Amit Singla, Advocate
for the appellants.
Mr. Maninder Arora, Advocate.
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AJAY TEWARI, J.(Oral)
This is an appeal filed against the order dated 01.03.2005 passed by MACT, Jalandhar in regard to the death of Nechal Singh. The age of the deceased was 55 years old. The accident took place on 26.06.2001. The learned Tribunal held that claimants No.2 & 3 were not entitled to compensation and only the widow appellant No.1 was entitled thereto. Further, the learned Tribunal held that since there was no positive proof regarding the income of the deceased he would have to be treated as a labourer and his salary was taken Rs.1800/- per month. In my opinion, the salary even of unskilled labourer in the year 2001 should be Rs.2,100/- per month. Thus the dependency would be increased to Rs.1,400/- per month.
In my opinion, the multiplier of six is fair in the circumstances of the case. The amount awarded for medical expenses, funeral expenses and loss of consortium do not require any change.
This appeal is therefore allowed and the appellant is entitled to increase compensation on the basis that the dependency is FAO No.5238 of 2005 -2- fixed at Rs.1400/-. The amount so determined would be paid with 8% interest per annum from the date of claim petition till the date of payment.
December 11, 2008 (AJAY TEWARI) sonia JUDGE