Manpreet v. Sonu Panchal and Ors.
Case brief
What is this about?
Motor accident death claim; enhancement of compensation; contributory negligence set aside — no issue framed, no evidence by Insurance Company, site plan Ex.R5 merely tendered, driver not examined; minor child (4 years) notional income assessed at minimum wages of skilled worker (Haryana, April 2017, Rs. 10,064/Rs. 10,100 per month); 40% future prospects; 50% personal deduction; multiplier 18; conventional heads (loss of estate, funeral expenses) per Pranay Sethi; filial loss of consortium per Magma; M. Nithya followed on contributory negligence; Karuna Parmar; Hitesh Nagjibhai Patel; Baby Sakshi Greola; Kajal; Bishnupriya Panda; Kandasami; Parminder Singh on expeditious disbursement; interest 7.5% on enhanced amount; MACT Kaithal award dated 07.12.2018 modified; FAO-3005-2019; High Court of Punjab and Haryana; Alka Sarin, J.
What did the court decide?
Appeal allowed; impugned Tribunal award modified — contributory negligence finding set aside and compensation recomputed at Rs. 16,11,120/- (monthly income Rs. 10,100; 50% deduction; 40% future prospects; multiplier 18; loss of estate Rs. 18,000; funeral expenses Rs. 18,000; filial loss of consortium Rs. 48,000). The excess over the Tribunal award to bear interest @ 7.5% per annum from the date of filing of the claim petition till realization; per Parminder Singh (supra), the Insurance Company to transfer the enhanced amount to the claimant's bank account(s) within six weeks, claimant to furnish account particulars within two weeks, compliance to be reported by the Bank to the Tribunal concerned. Pending applications disposed of.