This judgment enhanced death compensation in a fatal accident case. The High Court increased the income multiplier, reduced expense deduction, added loss of consortium and affection, and ordered interest on the excess amount awarded over the Tribunal's order.
The appeal allowed; compensation enhanced to Rs. 6,39,500 with interest on excess.
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.
FAO No.2374 of 1995
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.2374 of 1995 Date of Decision.10.03.2014
Gulzar Kaur and others
......Appellants
Versus
Gurlabh Singh and another
......Respondents
Present: Mr. Neeraj Khanna, Advocate for the appellants.
Mr. A.P. Setia, Advocate for respondent No.2.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
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K. KANNAN J. (ORAL)
1200/- per month. Considering the fact that the accident took place on 31.10.1993, I would take the average income making a provision for prospect of increase over a period of time to be 3,000/-, apply a 1/4th deduction for personal expenses and adopt a multiplier of 16 instead of 12 as taken by the Tribunal. I will add 1 lac for loss of consortium for wife and 1 lac for loss of love and affection for each one of the children and making provision for other conventional heads of claim like loss to estate and funeral expenses, the total compensation is tabulated as under:-| FATAL ACCIDENTS | |
|---|---|
| Age |
35 years |
Kamboj Pankaj Kumar 2014.03.12 13:05 I attest to the accuracy and integrity of this document Chandigarh
FAO No.2374 of 1995
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| FATAL ACCIDENTS | |||
|---|---|---|---|
| Occupation | Labourer | ||
| Claimants | Widow and 3 minor children | ||
| Heads of claim | Tribunal | High Court | |
| Sl. No. | Amount (Rs) |
Amount (Rs.) | |
| 1 | Income | 1200 | 3000 |
| 2 | Add, % of increase 30% / 50% | -- | |
| 3 | Less, Deduction | ½ | 1/4th |
| 4 | Multiplicand (annualized by multiplying 12) |
2250x12 | |
| 5 | Multiplier | 16 | |
| 6 | Loss of dependence | 4,32,000 | |
| 7 | Medical Expenses & Transportation | ||
| 8 | Loss of Consortium | 1,00,000 | |
| 9 | Loss of love and affection | 1,00,000 | |
| 10 | Loss to estate | 9800 | 2500 |
| 11 | Funeral expenses | 5000 | |
| Total | 6,39,500/- |
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 additional compensation shall be distributed equally amongst all the claimants. The liability shall be in the same manner as determined by the Tribunal.
(K. KANNAN) JUDGE
March 10, 2014 Pankaj*
Kamboj Pankaj Kumar 2014.03.12 13:05 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the income and multiplier used by the Tribunal should be increased to enhance the death compensation award.
Whether interest should be awarded on the amount in excess of the Tribunal's provision.
Gulzar Kaur and others
Gurlabh Singh and another
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court