Allowed

(O&M) Madan Lal v. Randhir & Ors.

Punjab & Haryana HC2 May 2014FAO/4872/2011

Case brief

AI extract

What is this about?

The High Court in FAO-4872-2011 enhanced compensation awarded for a motor accident death, adjusting the multiplier to 15.5, adding amounts for future prospects and loss of love and affection, and increasing interest to 10 percent per annum.

What did the court decide?

Compensation enhanced to include adjusted multiplier, future prospects, loss of love and affection, and 10% interest.

(O&M) Madan Lal Vs Randhir & Ors. — Motor Accident Claims | Punjab & Haryana HC (2014)

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FAO-4872-2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO-4872-2011 (O&M). Decided on: May 2, 2014.

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Madan Lal

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..... Petitioner(s)

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Versus

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Randhir and others

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..... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE AJAY TEWARI

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PRESENT Mr.Vineet Chaudhary, Advocate, for the appellant.

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Mr.Rajnish Malhotra, Advocate, for respondent No.3.

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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 against the award dated 1.3.2011 for enhancement of compensation on account of death of Manoj Kumar (son of the appellant) on 19.11.2009 in a motor accident caused by the rash and negligent driving of the Canter owned by respondent No.2 by respondent No.1. The Tribunal awarded a compensation of 3,30,000/- i.e. 312000/for loss of dependency, 10,000/- for funeral expenses and 8,000/for loss of estate along with interest @ 7% per annum.

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Learned counsel has argued that the Tribunal erred

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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-4872-2011 (O&M)

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in fixing the multiplier as per the age of the claimant whereas it should be as per the age of the deceased.

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In view of the decision of this Court in FAO 5181 of 2010, decided on 17.1.2014, titled Nanak Singh and another Vs. State of Punjab and another , this argument has to be accepted to the extent that the age of both the deceased and the claimant would be relevant in such a case. Looked at from this angle, the relevant multiplier as per the age of the deceased would be 18 and as per the age of the claimant it should be 13. I order multiplier of 15.5 to be applied.

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Learned counsel has further argued that nothing has been awarded on account of future prospects. In view of the decision taken by this Court in FAO No.929 of 2014, decided on 18.2.2014, titled National Insurance Co. Ltd., Vs. Gurdev Kaur and others , I award 50 percent on account of future prospects .

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Learned counsel has further argued that under the conventional heads also the amount of award is highly inadequate. I award another sum of 10,000/- for funeral expenses and 40,000/towards loss of love and affection.

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Learned counsel has further argued that interest @ 7 per cent per annum is highly inadequate. I award interest @ 10 per cent per annum from the date of application till the date of payments. The management of the amounts awarded will be as per the directions of the Tribunal.

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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-4872-2011 (O&M)

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The appeal is allowed accordingly.

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May 2, 2014. rka

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(AJAY TEWARI) JUDGE

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