Sushma Sarin and Ors. v. Padam Chand Rohal and Ors.

Punjab & Haryana HC6 Sept 2006FAO/783/1997

Case brief

AI extract

What is this about?

The High Court enhanced the monthly dependency of the deceased from Rs. 2000 to Rs. 2500, raising total compensation to Rs. 2,40,000, and awarded interest at 9% per annum based on bank rate trends.

What did the court decide?

Compensation enhanced to Rs. 2,40,000 payable to appellants; interest awarded at 9%.

What the court decided

AI extract

Sushma Sarin and Ors. Vs Padam Chand Rohal and Ors. — Insurance | Punjab & Haryana HC (2006)

¶21

Deceased Sanjiv Sarin, an unmarried man, was aged about 27 years at the time of his death and was stated to be the only son of his parents. He was serving with CMC Limited as an Executive. He had done B.E. in Electronics and Communications. As per certificate, Exhibit P-2, proved by PW-1, Rohit Agnihotri, Manager, CMC Limited, he deceased was getting Rs.6351.37P as salary apart from annual perks of Rs.14,350/-, which was consumable in nature, viz., outfit expenses, books and periodicals, medical expenses, house maintenance expenses and small family incentive. The Tribunal assessed the monthly dependency of the deceased at Rs.2000/-. Appellants have sought enhancement of compensation on account of future prospects of the deceased. In this context, PW-1 Rohit Agnihotri, Manager, has also proved certificate Exhibit P-3 that the performance of Sanjiv Sarin was consistent to the entire satisfaction of the company and had he survived, he could occupy the highest post of the company. In this case, the parents were the main claimants who were in their late fiftees at the time of death of their son Sanjiv Sarin. The father, V.K.Sarin, a retired Air Commodore, in his crosseexamination stated that he was also getting commuted pension of Rs.1700/- per month. He also admitted that the marriage of his son Sanjiv Sarin was to be arranged ½ years. It is quite obvious that after marriage, he would have his wife and possibly children to look after and in that eventuality, a substantial amount would have been diverted for the maintenance of his family. In this situation, it is a case for marginal enhancement of compensation on account of future prospects. Middle course in my opinion would meet the ends of justice. Thus, the monthly dependency stands enhanced to Rs.2500/-. The multiplier is to be applied while taking into consideration the years of dependency of the parents. In this case, at the time of death of Sanjiv Sarin, his parents were in their late fiftees and as such, multiplier of 8 so applied by the Tribunal is adequate and thus, needs no interference. Accordingly, by taking the monthly dependency at Rs.2500/-, the compensation is worked out which comes to Rs. 2,40,000/- (2500x12x8), i.e. Rs.48,000/- over and above the amount awarded by the Tribunal. It is ordered accordingly.

Sushma Sarin and Ors. v. Padam Chand Rohal and Ors.

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Sushma Sarin and Ors. v. Padam Chand Rohal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Harminder Singh Vs St of Punjab

M/S Noble Enterprises Vs Raj Pal Chopra Prop. & Ors.

Tola Ram etc. Vs Dev Dutt etc.

Sant Lal Vs Sanjay Yadav and Others

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