In this appeal, the High Court modified the compensation award for the death of a 17-year-old pillion rider. The Court reworked the calculation, increasing the loss of dependence multiplier from 16 to 18 and adjusting for inflation and deductions.
Compensation modified from Rs. 2,52,000 to Rs. 4,98,500 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.
FAO No.2450 of 2000
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.2450 of 2000 Date of Decision.21.04.2014
Surjit Kaur and another
......Appellants
Versus
Nirmal Singh and others
......Respondents
Present: Mr. Bhag Singh, Advocate for the appellants.
Mr. Satpal Dhamija, Advocate for the insurance company.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
-.-
K. KANNAN J.
3000/- per month and made differential deductions for personal expenses before and after the marriage. The approach adopted by the Tribunal is wholly erroneous. The deceased was said to be working as a sales man in a firm and was earning about 3000/- per month. I will rework the compensation and tabulate the same as under:-Kamboj Pankaj Kumar 2014.04.25 17:01 I attest to the accuracy and integrity of this document Chandigarh
FAO No.2450 of 2000
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| FATAL ACCIDENTS | |||
|---|---|---|---|
| Age | 17 years | ||
| Occupation | Salesman in a firm | ||
| Claimants | parents | ||
| Heads of claim | Tribunal | High Court | |
| Sl. No. | Amount (Rs) |
Amount (Rs.) | |
| 1 | Income | 3000 | 3000 |
| 2 | Add, % of increase 50% | 1500 | |
| 3 | Less, Deduction ½ | 2250 | |
| 4 | Multiplicand (annualized by multiplying 12) |
27000 | |
| 5 | Multiplier | 16 | 18 |
| 6 | Loss of dependence | 4,86,000 | |
| 7 | Medical Expenses & Transportation | ||
| 8 | Loss of Consortium | ||
| 9 | Loss of love and affection | ||
| 10 | Loss to estate | 2500 | |
| 11 | Funeral expenses | 10000 | |
| Total | 2,52,000 | 4,98,500 |
appeal is allowed to the above extent.
(K. KANNAN) JUDGE
April 21, 2014 Pankaj*
Kamboj Pankaj Kumar 2014.04.25 17:01 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the compensation awarded by the Tribunal based on the deceased's earnings of Rs. 3000 per month was erroneous.
Surjit Kaur and another
Nirmal Singh and others
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court