Allowed

Sukhdev Kaur v. Kasturi Lal

Punjab & Haryana HC27 Mar 2014FAO/2267/1999

Case brief

AI extract

What is this about?

The High Court enhanced the compensation payable to the family of the deceased from Rs. 1,89,000 to Rs. 6,66,000 after re-evaluating the deceased's occupation and income, which the Tribunal had understated as agricultural labourer.

What did the court decide?

Compensation enhanced to Rs. 6,66,000. Interest @7.5% awarded on excess amount. Entitlement distributed in ratio 2:2:2:1 among wife, sons and mother.

Sukhdev Kaur Vs Kasturi Lal — Motor Accident Claims | Punjab & Haryana HC (2014)

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FAO No.2267 of 1999

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

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FAO No.2267 OF 1999 Date of Decision. 27.03.2014

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Sukhdev Kaur and others

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......Appellants

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Versus

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Kasturi Lal and others ......Respondents

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Present: Mr. K.K. Choudhry, Advocate for Mr. Sanjiv Gupta, Advocate for the appellants.

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Mr. R.S. Mamli, Advocate.

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Mr. Yogesh Goel, Advocate for respondent No.3.

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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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K. KANNAN J.

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The appeal is for enhancement of compensation for death of a male aged 43 years. The claimants were widow, two sons and mother. The evidence was that the deceased owned 15 acres of land but offered no documentary evidence. The son also gave evidence that the deceased was also doing dairy business but did not know how many buffaloes were there. The Tribunal took the deceased as an agricultural labourer and assessed a modest compensation.

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I re-appraise the compensation on the basis of evidence available and keeping in mind the scales of compensation as laid down by sound judicial pronouncements. The heads of compensation are

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tabulated as under:-

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Kamboj Pankaj Kumar 2014.03.28 11:22 I attest to the accuracy and integrity of this document Chandigarh

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FAO No.2267 of 1999

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FATAL ACCID	ENTS Date of accident 1	2.04.1994
Age	43
Occupation	Agriculturist, dairy farming
Claimants	Widow and two sons and mother
	Heads of claim	Tribunal	High Court
Sl. No.		Amount (Rs)	Amount (Rs.)
1	Income	1500
2	Add, % of increase 30% /		3500
3	Less, Deduction 1/4^th	1050	2625
4	Multiplicand (annualized by multiplying 12)	12,600	31,500
5	Multiplier	15	14
6	Loss of dependence		4,41,000
7	Medical Expenses & Transportation
8	Loss of Consortium		1,00,000
9	Loss of love and affection		1,00,000
10	Loss to estate		2500
11	Funeral expenses		10,000
	Total	1,89,000	6,66,000

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The total compensation payable shall be ` 6,66,000/-. The

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amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The entitlement shall be distributed amongst wife, sons and mother in the ratio of 2:2:2:1. The right of enforcement shall be available against the insurer.

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The amount is enhanced and the appeal is allowed to the

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above extent.

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(K. KANNAN) JUDGE

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March 27, 2014 Pankaj*

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Kamboj Pankaj Kumar 2014.03.28 11:22 I attest to the accuracy and integrity of this document Chandigarh

Sukhdev Kaur v. Kasturi Lal

Case brief

What is this about?

What did the court decide?

Sukhdev Kaur v. Kasturi Lal

Case brief

What is this about?

What did the court decide?

What the court decided

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