The High Court enhanced the compensation for death in a fatal accident case. The Court increased the awarded amount to Rs. 4,31,500/ by modifying the Tribunal's assessment of income and multipliers, allowing it with interest.
Compensation enhanced to Rs. 4,31,500/- payable by Respondents 1 and 2 with interest at 7.5%.
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.
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FAO No.1411 of 2002
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.1411 of 2002 Date of Decision.08.07.2014
Mego Devi and others
......Appellants
Versus
Sawarn Singh and others
......Respondents
Mr. Vishal Sharma Haritwal, Advocate for respondent No.1.
Mr. Jitender K. Sharma, Advocate for respondent No.3.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
K. KANNAN J.(ORAL)
8,000/- per annum and determined a compensation of 1,28,000/-. The claimants are widow and eight children. Considering the fact that he was an agricultural labour, I will take the same income as taken by the Tribunal but I will provide for prospect of future increase at 30%. The various heads of claim are tabulated as under:-| FATAL ACCIDENT | |||
|---|---|---|---|
| Age | 40 years | ||
| Occupation | Agricultural labour | ||
| Claimants | Widow and 8 children | ||
| Heads of claim | Tribunal | High Court |
Kamboj Pankaj Kumar 2014.07.10 14:55 I attest to the accuracy and integrity of this document Chandigarh
FAO No.1411 of 2002
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| FATAL ACCIDENT | |||
|---|---|---|---|
| Sl. No. | Amount (Rs) |
Amount (Rs.) | |
| 1 | Income | 8000 | |
| 2 | Add, % of increase 50% | 10,400 | |
| 3 | Less, Deduction | 8320 | |
| 4 | Multiplicand (annualized by multiplying 12) |
8000 | 8320 |
| 5 | Multiplier | 16 | 15 |
| 6 | Loss of dependence | 1,24,800 | |
| 7 | Medical Expenses & Transportation | ||
| 8 | Loss of Consortium | 1,00,000 | |
| 9 | Loss of love and affection @ 35000/- per child |
2,00,000 | |
| 10 | Loss to estate | 2500 | |
| 11 | Funeral expenses | 5000 | |
| Total | 1,28,000 | 4,31,500 |
allowed to the above extent.
(K. KANNAN) JUDGE
July 08, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.10 14:55 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the compensation awarded by the Tribunal for death due to a fatal accident should be enhanced considering the income and future prospects.
Mego Devi and others
Sawarn Singh and others
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court