Allowed

(O&M) Amarjit Kaur and Anr. v. Manish Garg and Ors.

Punjab & Haryana HC2 May 2014FAO/3057/2010

Case brief

AI extract

What is this about?

On appeal, the High Court held that the Tribunal's multiplier of 5 was inadequate, ordering an increase to 11. The court further enhanced compensation under conventional heads for loss of consortium and love and affection, increased interest for future prospects by 15%, and awarded additional funeral expenses.

What did the court decide?

Multiplier set at 11; award increased by `1 lakh for loss of consortium and `1 lakh for love and affection; 15% interest addition; extra `10,000 for funeral expenses.

(O&M) Amarjit Kaur and Anr. Vs Manish Garg… — Motor Accident Claims | Punjab & Haryana HC (2014)

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FAO-3057-2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO-3057-2010 (O&M). Decided on: May 2, 2014.

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Amarjit Kaur and another

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..... Petitioner(s)

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Versus

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Manish Garg and others

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..... Respondent(s)

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CORAM:

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HON'BLE MR. JUSTICE AJAY TEWARI

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PRESENT Mr.Raman Mohinder, Advocate, for the appellants.

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Mr.Lalit Garg, Advocate, for the respondents.

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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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AJAY TEWARI, J (ORAL).

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This appeal has been filed by the appellant for enhancement of compensation.

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Brief facts are that on 31.3.2006, Bhagwant Singh deceased was going on his motorcycle and met with an accident with the Car being driven rashly and negligently by respondent No.1. The Tribunal assessed his income as 4500/- per month and after making deductions of 1/3<sup>rd</sup> and applying multiplier of 5, awarded a compensation of 1,80,000/ and a sum of 10,000/- as funeral expenses i.e., total compensation of 1,90,000/- along with interest

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Raj Kumar Arora 2014.05.30 11:36 I attest to the accuracy and integrity of this document

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FAO-3057-2010 (O&M)

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@ 9% per annum.

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Learned counsel has argued that multiplier is highly inadequate and should be applied as per decision in case Sarla Verma Vs. DTC, AIR 2009 SC 3104. Learned counsel for the respondents has accepted this argument. Multiplier of 11 is ordered.

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Learned counsel has further argued that under the conventional heads also the amount of award is highly inadequate. I find it to be correct and award a sum of 1 lac to appellant No.1 for loss of consortium and another sum of 1 lac for love and affection. I grant an increase of 15% towards future prospects as per the decision of this Court in FAO 929 of 2014, decided on 18.2.2014,

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titled National Insurance Company Limited Vs. Gurdev Kaur and

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others . I further award the amount of `10,000/- more towards funeral expenses. The entire enhanced amount would fall to the share of the appellant No.1. Half of her share be given to her in cash and half of her share be deposited in fixed deposit in any nationalised bank for a period of three years and she would be entitled to monthly/quarterly interest thereon.

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With above modification, the appeal is allowed.

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(AJAY TEWARI)

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May 2, 2014. JUDGE rka

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Raj Kumar Arora 2014.05.30 11:36 I attest to the accuracy and integrity of this document

(O&M) Amarjit Kaur and Anr. v. Manish Garg and Ors.

Case brief

What is this about?

What did the court decide?

(O&M) Amarjit Kaur and Anr. v. Manish Garg and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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