Allowed

Gurnam Kaur v. Major Singh etc.

Punjab & Haryana HC10 Nov 2014FAO/3976/2001

Case brief

AI extract

What is this about?

This brief order addresses the publication of a judgment regarding a modification of compensation in a motor accident claim involving a minor's death. The court grants the appeal to modify the award from Rs. 1.00 lac to Rs. 5,32,000 based on calculated notional income and dependency factors, enhancing the compensation for the deceased's mother.

What did the court decide?

The impugned award is modified and increased to Rs. 5,32,000; interest at 7.5% p.a.; appeal allowed with costs.

Gurnam Kaur Vs Major Singh etc. — Motor Accident Claims | Punjab & Haryana HC (2014)

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��  Date of decision: 10^th November, 2014

Gurnam Kaur

� Appellant

Versus

Major Singh and others

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� Respondents

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Whether Reporters of Local Newspapers may be allowed to see the judgment?

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Whether 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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Present: Mr. Birdavinder Singh, Advocate for Mr. K.S. Chahal, Advocate

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for the appellant.

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Service of respondents No.1 & 2 – dispensed with.

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Mr. Suman Jain, Advocate for respondent No.3.

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The only challenge in this matter is over the manner of computation of compensation and its quantum.

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Upon hearing Mr. Birdavinder Singh, Advocate appearing on behalf of Mr. K.S. Chahal, Advocate for the claimant/appellant; Mr.Suman Jain, Advocate representing the insurer/respondent No.3 and perusing the records of the case.

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Admittedly, on 20.09.1994 deceased Harpreet Singh, a

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young boy aged around 13 years died due to rash and negligent

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RATTAN PAL SINGH 2015.01.06 16:35 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

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driving of truck bearing registration No.PCS;9287 by its driver Major Singh which was owned by Jagdip Singh alias Jagjit Singh and insured with National Insurance Company Ltd.

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While adjudicating on the compensation, the learned Motor Accident Claims Tribunal, Sangrur in its Award dated 19.12.2000 had given a lump sum compensation to the tune of �1.00 lac.

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Under the settled position of law seeking support from the Hon’ble Apex Court’s view in &'()+,-��.,/�,-0�,-�1+2(�3��#,/,� ,-0��1+2(&� reported in ��4�� $��44 , in such cases of death the courts are supposed to take into account notional income of the deceased. Thus, in view of the fact that deceased belonged to rural background, a student of 7^th class and thus, considering totality of situation at the time of accident, it would suffice to consider �2,000 per month as notional income of the deceased and therefore, annual dependency of the claimant mother comes to �24,000. In view of age of the deceased in the light of 5$,(/,�62(7,��1+2(�3��2/+)� �(,-.�(1��(.�(,1)�-��,-�1+2("� reported in �� $��% multiplier of 18 needs to be applied and therefore, compensation comes to �4,32,000. Besides this, mother has lost a young son, future hope of sustenance and dependency, a source of love and inspiration and under which conventional heads including funeral expenses a sum of �1.00 lac is awarded to the claimant. Therefore, total compensation comes to �5,32,000.

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In view of the findings returned by the learned Tribunal, all the respondents i.e. driver, owner and insurer are held jointly and

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RATTAN PAL SINGH 2015.01.06 16:35 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

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severally liable to pay the compensation amount. However, in view of the prevalent rate of interest claimant shall be entitled to interest @ 7.5% p.a. from the date of filing the appeal till realization. Interim compensation paid, if any, shall be adjusted.

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With this the impugned award is modified and the appeal is

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accordingly allowed to that extent with costs.

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RATTAN PAL SINGH 2015.01.06 16:35 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

Gurnam Kaur v. Major Singh etc.

Case brief

What is this about?

What did the court decide?

Gurnam Kaur v. Major Singh etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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