The High Court enhanced compensation from approximately 2.98 lakhs to 4.18 lakhs in a motor accident claim for death. It rejected a monthly income figure of 3,000 by applying a 1/3rd deduction and 17 multiplier under Schedule-II, plus funeral expenses.
Enhanced compensation to 4,18,000 with 7.5% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.1280 of 2012 (O&M) Date of decision:04.03.2013
Ganga Bishan and another
...Appellants
versus
Anil and others
....Respondents
CORAM: HON’BLE MR. JUSTICE K. KANNAN
Present: Mr. Sanjiv Gupta, Advocate, for the appellants.
Mr. Rajneesh Malhotra, Advocate, for Ms. Vandana Malhotra, Advocate, for respondent No.4.
K.Kannan, J. (Oral)
8,000/- per month. The Tribunal took the income at3,000/-, applied 50% deduction and assessed the dependence at ` 2,98,000/-.FAO No.1280 of 2012 (O&M) - 2 -
would have been just. The amount of dependence would come to 4,08,000/-. I will provide for the conventional heads of claim like funeral expenses, loss to estate etc. at another 10,000/- and find the total amount of compensation at ` 4,18,000/-. The amount in excess of what has been awarded already by the Tribunal will attract interest at 7.5% from the date of petition till date of payment. The liability shall be in the same manner as determined already by the Tribunal.
(K.KANNAN) JUDGE 04.03.2013 sanjeev
1 issue framed by the court
Whether the compensation assessed by the Tribunal for death of a female is low and requires enhancement.
Ganga Bishan and another
Anil and others
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court