Allowed

Dharam Pal and Another v. Shish Pal Yadav and Ors.

Punjab & Haryana HC25 Apr 2014FAO/1547/1997

Case brief

AI extract

What is this about?

This judgment modifies the motor accident compensation awarded for the death of a 21-year-old cleaner. The High Court reworked the Tribunal's calculation, changing the multiplier from 14 to 18, resulting in an enhanced total compensation of Rs. 2,50,500. The appeal was allowed to this extent.

What did the court decide?

The appeal was allowed; compensation enhanced to Rs. 2,50,500 payable with 7.5% interest from the date of petition.

Dharam Pal and Another Vs Shish Pal Yadav and… — Motor Accident Claims | Punjab & Haryana HC (2014)

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FAO No.1547 of 1997

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

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FAO No.1547 of 1997 Date of Decision.25.04.2014

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Dharam Pal and another

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......Appellants

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Versus

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Shish Pal Yadav and others

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......Respondents

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Present: Mr. Ravi Gakhar, Advocate for Mr. Pawan Kumar, Advocate for the appellants.

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Mr. Navin Kapur, Advocate for respondent Nos.2 and 8.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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-.-

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K. KANNAN J.

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The appeal is for enhancement of compensation for death of

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a male aged 21 years. The Tribunal took into consideration of age of the deceased 21 years and of parents 50 years and 48 years and applied multiplier of 14 as appropriate. I shall rework the compensation and tabulate the same as follows:-

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FAT	AL ACCIDENT on 25.02.1996
Age	21 years
Occupation	Cleaner of the tanker
Claimants	Parents
	Heads of claim	Tribunal	High Court
Sl. No.		Amount (Rs)	Amount (Rs.)
1	Income	1500	1500
2	Add, % of increase 50%		2250
3	Less, Deduction 1/2		1125

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Kamboj Pankaj Kumar 2014.04.28 14:36 I attest to the accuracy and integrity of this document Chandigarh

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FAO No.1547 of 1997

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-2-

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	FATAL ACCIDENT on 25.02.1996
4	Multiplicand (annualized by multiplying 12)		13,500
5	Multiplier	14	18
6	Loss of dependence	1,00,800	2,43,000
7	Medical Expenses & Transportation
8	Loss of Consortium
9	Loss of love and affection
10	Loss to estate		2500
11	Funeral expenses	5200	5000
	Total	1,06,000	2,50,500

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The total compensation payable will be Rs.2,50,500/-. The

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award is modified and the additional amount determined will attract interest @7.5% per annum from the date of petition till the date of payment. The right of enforcement of the award shall avail against M/s Oriental Insurance Company, the insurer for the offending vehicle viz;

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canter truck.

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The appeal is allowed to the above extent.

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(K. KANNAN) JUDGE

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April 25, 2014 Pankaj*

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Kamboj Pankaj Kumar 2014.04.28 14:36 I attest to the accuracy and integrity of this document Chandigarh

Dharam Pal and Another v. Shish Pal Yadav and Ors.

Case brief

What is this about?

What did the court decide?

Dharam Pal and Another v. Shish Pal Yadav and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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