Allowed

Harbhajan Kaur and Ors. v. Surjeet Singh and Ors.

Punjab & Haryana HC26 Apr 2014FAO/934/1990

Case brief

AI extract

What is this about?

Appellants filed an F.A.O. to enhance compensation for the death of Kulwant Singh, an agriculturist. The High Court recalculated the award, increasing it to Rs. 7,58,000/- from the Tribunal's Rs. 2,00,000/- by adjusting the multiplier and adding head claims, allowing the appeal.

What did the court decide?

Award modified to Rs. 7,58,000/- against the insurer; appeal allowed to the extent of enhancement. Excess to attract interest @7.5%.

Harbhajan Kaur and Ors. Vs Surjeet Singh and Ors. — Property and Title | Punjab & Haryana HC (2014)

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FAO No.934 of 1990

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.934 of 1990 Date of Decision.26.04.2014

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Smt. Harbhajan Kaur and others

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......Appellants

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Versus

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Surjeet Singh and others

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......Respondents

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Present: Mr. Ashit Malik, Advocate for the appellants.

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Mr. Gourav Verma, AAG, Haryana.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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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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K. KANNAN J.

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The appeal is for enhancement of compensation. The

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deceased was 24 years, an agriculturist, said to own 36 acres of land. The claimants were widow, minor daughter, mother and grand parents. The Tribunal assessed a compensation of ` 2 lacs.

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I shall rework the compensation and tabulate the same as

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under:-

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FATAL AC	CIDENT 28.02.1989 Kulwant Singh
Age	24 years
Occupation	Farmer owned 36 acres
Claimants	Widow, minor daughter, mother and grand parents
	Heads of claim	Tribunal	High Court
Sl. No.		Amount (Rs)	Amount (Rs.)
1	Income	3000	3000
2	Add, % of increase 50%		4500
3	Less, Deduction		3000

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Kamboj Pankaj Kumar 2014.04.28 14:37 I attest to the accuracy and integrity of this document Chandigarh

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FAO No.934 of 1990

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-2-

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FATAL ACCIDENT 28.02.1989 Kulwant Singh
4 Multiplicand (annualized by multiplying 12)		36000
5 Multiplier	16	16 ????? should be 18
6 Loss of dependence	1,92,000	6,48,000
7 Medical Expenses & Transportation	8,000
8 Loss of Consortium		50,000
9 Loss of love and affection		50,000
10 Loss to estate		5000
11 Funeral expenses		5000
Total	2,00,000	7,58,000

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The total compensation payable shall be ` 7,58,000/-. The 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 award shall be against the insurer. The entitlement shall be distributed only to widow, minor daughter and mother in the ratio of 2:2:1.

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The award passed by the Tribunal stands modified and the

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appeal is allowed to the above extent.

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(K. KANNAN) JUDGE

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April 26, 2014 Pankaj*

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Kamboj Pankaj Kumar 2014.04.28 14:37 I attest to the accuracy and integrity of this document Chandigarh

Harbhajan Kaur and Ors. v. Surjeet Singh and Ors.

Case brief

What is this about?

What did the court decide?

Harbhajan Kaur and Ors. v. Surjeet Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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