Nirmaljit Kaur vs Manjit Singh And Others on 4 February, 2011

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Punjab-Haryana High Court

Nirmaljit Kaur vs Manjit Singh And Others on 4 February, 2011

Bench: K. Kannan

FAO No. 1503 of 1992                             1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

                                    FAO No. 1503 of 1992
                                    Date of decision February 4, 2011

Nirmaljit Kaur

                                                       .......   Appellant
                              Versus
Manjit Singh and others


                                                       ........Respondents

CORAM:            HON'BLE MR. JUSTICE K. KANNAN


Present:-         Mr. Deepali Puri, Advocate
                  for the appellant.

                  None for respondent Nos.1,2,4 and 5.

                  Mr. Inderjeet Sharma , Advocate and
                  Mr. Pardeep Bedi, Advocate
                  for the respondent-Insurance Company.

                  Mr. Sanjiv Pabbi, Advocate
                  for respondent No.6.

                        ****

1. Whether reporters of local papers may be allowed to see the judgment ?No

2. To be referred to the reporters or not? No

3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral).

1. The appeal is by the claimants seeking for enhancement of compensation for death of the husband of the first claimant who was 35 years of age. The evidence was that he was a foreman drawing an income of `2900/-. The evidence given through PW-2 was found to be very much interested as the best evidence relating to his income was not produced. The Tribunal therefore took the income to be `800/- per month and I will raise it to `1,000/-. The claimants were widow, two minor children and mother. I will provide for a deduction of 1/4th for personal expenses and adopt a multiplier of 16 instead of 14 as taken by FAO No. 1503 of 1992 2 the Tribunal. The compensation payable is tabulated as below:

                 S.No.             Head of claim                Amount
                         1 Loss of dependency         `1,44,000/-

Loss of consortium and love `10,000/- 2 and affection 3 Loss to estate `2,500/-

4 Funeral expenses `2,000/-

5 Total `1,68,000/-

The amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The liability shall be on the Insurance Company which is restricted to `1,50,000/- as per the terms of the policy and therefore the right of enforcement will be available for the claimants for `1,50,000/- with interest and the amount in excess shall be recoverable from the insured/owner. The appeal is allowed to the above extent.

(K. KANNAN) JUDGE February 4, 2011 archana

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