Partly allowed

Gurbax Kaur and Ors. v. Saroop Singh and Ors.

Punjab & Haryana HC13 Oct 2011FAO/6559/2010

Case brief

AI extract

What is this about?

The High Court, in appeal, modified the death compensation award following the norms laid down in Smt. Sarla Verma case. The court increased the multiplier from 13 to 16 and adjusted personal expense deductions, resulting in an enhanced compensation.

What did the court decide?

The appeal is partly allowed; impugned award modified; enhanced compensation of Rs. 1,20,00/- paid within 45 days; interest at 7.5% p.a. if delayed.

Gurbax Kaur and Ors. Vs Saroop Singh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2011)

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FAO NO.6559 of 2010

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

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FAO NO.6559 of 2010 Date of decision:13.10.2011

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Gurbax Singh and others

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...Applicant(s)

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Versus

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Saroop Singh and others

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...Respondent(s)

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Rajive Kumar Trikha, Advocate, for the appellants.

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Mr.Ravinder Arora, Advocate, for the Insurance Company.

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-.-

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JITENDRA CHAUHAN, J.

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The sole argument raised by the learned counsel for the appellant is that the learned Tribunal, while assessing the dependency and applying multiplier, ignored the norms laid down by Hon'ble the Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation

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and Another, 2009(3) RCR (Civil) 77.

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I have heard the learned counsel for the parties.

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A perusal of the case file would reveal that the deceased died in a road accident at the age of 35 years. The annual income of the deceased was assessed at Rs.36,000/-. The deceased left behind him six dependents including wife, four minor children and an old mother. The learned trial Court deducted 1/3^rd income of the deceased towards his personal expenses, applied a multiplier of 13 and thus assessed the compensation of 3,12,000/-. Besides this 2000/- was awarded towards the last rites.

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FAO NO.6559 of 2010

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According to the norms laid down in Sarla Verma's case, the number of dependents being six, 1/4^th amount should have been deducted towards personal expenses of the deceased and the age of deceased, the multiplier of 16 ought to have been applied.

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Considering the above factual position, it would be appropriate to deduct the 1/4^th amount towards personal expenses of the deceased and to apply the multiplier of 16. Accordingly, the annual income of the deceased after deducting 1/4^th amount comes to 27,000/-. Applying the enhanced multiplier of 16, the amount works out to 4,32, 000/. Thus, the enhanced compensation comes to `1,20,000/- (4,32,000-3,12,000), which shall be paid within 45 days from the date of receipt of the certified copy of this judgment. If the amount is not deposited within the stipulated period, the appellants shall be entitled to interest @ 7.5% per annum from the date of filing the instant appeal till it is paid.

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In view of the above, the present appeal is partly allowed and the impugned award is modified to the extent indicated above.

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13.10.2011 (JITENDRA CHAUHAN) mk JUDGE

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Note: Whether to be referred to the Reporter? Yes / No

Gurbax Kaur and Ors. v. Saroop Singh and Ors.

Case brief

What is this about?

What did the court decide?

Gurbax Kaur and Ors. v. Saroop Singh and Ors.

Case brief

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What the court decided

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