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2014 DIGILAW 464 (PNJ)

Swaran Kaur v. Union of India

2014-03-06

K.KANNAN

body2014
Judgment K. Kannan, J. 1. The appeal FAO No. 819 of 1998 is for enhancement of compensation for death of a male aged 43 years. The claimants were widow, three sons and two daughters of whom two sons were minors. The deceased was said to be a owner of an Auto rickshaw and was also engaged in running dhaba. He was an income tax assessee. The copy of returns filed showed that he had earned Rs.52,220/- yearly. The court rejected this evidence since no official from income tax department was examined. I reject the reasoning and take the document as affording sufficient proof of his income status, make a provision for increase by 30% and apply a multiplier of 14 to assess the loss of dependence. I will make a provision for loss of consortium at Rs.1 lac and loss of love and affection for two minor children at Rs.2 lacs. The various heads of claim are tabulated as under: Fatal accidents Date of accident 19.2.914 Age 36 Occupation Auto rickshaw Claimants: Widow, 3 sons, 2 daughters S.No. Heads of claim Tribunal (Amount Rs.) High Court Amount (Rs.) 1 Income 52220/- 52220/- 2 Add, % of increase 30%/50% 67886/- 3 Deduction 1/4th 4 Multiplicand 50914.5 5 Multiplier 14 6 Loss of dependence 7,12,802/- 7 Medical expenses 8 Loss of consortium+ loss of love and affection for children 3,00,000/- 9 Loss to estate 2500/- 10 Funeral expenses 5000/- 11 Total 10,20,303/- The total compensation payable shall be Rs.10,20,303/- rounded off to Rs.10,20,300/. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The enhanced amount shall be distributed equally amongst all the claimants. The liability shall be on the Union of India. 2. The award stands modified and the appeal by the claimant FAI No. 819 of 1998 is allowed. 3. There is no representation for the appellants in FAO No. 1091 of 1998. The appeal is dismissed for default of appearance and non-prosecution.