Sunita Sharma And Others vs Gulab Singh And Others on 27 March, 2014

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Punjab-Haryana High Court

Sunita Sharma And Others vs Gulab Singh And Others on 27 March, 2014

Bench: K. Kannan

             FAO No.1045 of 2002                                               -1-

                IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
                                       CHANDIGARH

                                                      FAO No.1045 of 2002
                                                      Date of Decision.   .03.2014

             Sunita Sharma and others                                    ......Appellants

                                                   Versus

             Gulab Singh and others                                      ......Respondents

Present: Mr. B.S. Jaswal, Advocate for the appellants.

Mr. Suvir Diwan, Advocate for the insurance company.

CORAM:HON'BLE MR. JUSTICE K. KANNAN

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?

-.-

K. KANNAN J.

1. The accident was on 15.04.1999. The deceased was going on his scooter followed by others. A truck came from behind rashly without blowing any horn struck against the scooter of the deceased.

He fell from the scooter and tyres of truck ran over his legs. The deceased died on the way to the hospital.

2. The Tribunal has applied a differential multiplier system by splitting the assessment for two periods, upto retirement of the deceased multiplier was applied 6 and after retirement it was reduced to 4.

3. The manner of assessment is wrong and contrary to the law laid down by the Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC

121. The reassessment is undertaken and tabulated as under:-

Kamboj Pankaj Kumar 2014.03.27 12:30 I attest to the accuracy and integrity of this document Chandigarh FAO No.1045 of 2002 -2-

FATAL ACCIDENTS Age 50 Occupation Cashier in bank+pension ex serviceman Claimants Widow and 4 children Heads of claim Tribunal High Court Sl. No. Amount Amount (Rs.) (Rs) 1 Income 9600 9600 2 Add, % of increase 30% / --

3 Less, Deduction 7200 4 Multiplicand (annualized by 86400 multiplying 12) 5 Multiplier 13 6 Loss of dependence 11,23,200 7 Medical Expenses & Transportation 8 Loss of Consortium 5000 3,00,000 9 Loss of love and affection 10 Loss to estate 2500 11 Funeral expenses 2000 10,000 Total 6,98,200 14,35,700

4. The compensation shall be ` 14,35,700/- and the amount in excess over what has already been assessed will attract interest @7.5% from the date of petition till the date of payment.

5. The case is an illustration of another failed opportunity to settle in spite of specific direction. The appeal is allowed against the insurer with costs quantified as ` 25,000/-.

(K. KANNAN) JUDGE March 27, 2014 Pankaj* Kamboj Pankaj Kumar 2014.03.27 12:30 I attest to the accuracy and integrity of this document Chandigarh

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