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2014 DIGILAW 662 (PNJ)

Simaljit Kaurand v. Sukhwinder Singh

2014-04-01

JITENDRA CHAUHAN

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JUDGMENT Jitendra Chauhan, J. 1.The present appeal has been filed by the claimants-appellants, seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Ludhiana (for short' the Tribunal'), vide award dated 13.2.2004, on account of death of Ramjeet Singh, in a motor vehicular accident on 31.1.2001. 2. The learned counsel for the appellants submits that the Ld. Tribunal erred in assessing the salary of deceased at Rs.3000/-per month. He further submits that deceased was a Sepoy in the Indian Army and as per salary certificate Ex.P4, he was earning salary of Rs.5173/-per month but the Ld. Tribunal wrongly assessed the dependency as Rs.2173/- per month and assessed the income of the deceased at Rs. 3000/-permonth.Hefurther stated that the amount awarded for consortium and funeral expenses is in ade quate. The deceased was 30 years old and the multiplier Sharma Manju 2014.04.23 11:23 I attest to the accuracy and integrity of this document High Court Chandigarh Applied by the Ld. Tribunal is on the lower side. Nothing has been awarded for loss of future income, loss of love, care and guidance to the children. He prays that the amounts under various heads may been hanced. 3. I have heard the counsel for the parties. 4. A perusal of the file shows that PW3, Havildar Clerk Kailash Singh of Sikh Light Infantry has produced the service record of deceased and as per the salary certificate Ex.P4, deceased was earning gross salary of Rs. 5173/- per month. The learned Tribunal applied a cut of 1/3rd towards maintenance of the deceased and assessed Rs.3000/-permonth for the maintenance of the claimants. The deceased left behind a widow and two minor children. The Ld. Tribunal wrongly deducted Rs. 2173/-as cut of 1/3rd towards personal expenses of the deceased. 5.In view of the documentary evidence on record, this Court feels that the income of the deceased ought to be assessed at Rs.3500/- instead of Rs. 3000/- per month. He was30 years of age at the time of accident. There fore, the multiplier of 17 shall be applicable in this case, as per the law laid down in Smt. Sarla Verma and Anr. v. Delhi Transport Corpn. & Ors. 2009(6) SCC 121 . The claimants are widow and two minor children of the deceased. The claimants are entitled to 50% increase in the actual income of the deceased. Appellant-Simaljeet Kaur is further granted Rs. v. Delhi Transport Corpn. & Ors. 2009(6) SCC 121 . The claimants are widow and two minor children of the deceased. The claimants are entitled to 50% increase in the actual income of the deceased. Appellant-Simaljeet Kaur is further granted Rs. One lac as consortium and Rs. 5,000/- as funeral expenses. Rs. One lac is awarded for loss of love, guidance and care for the son and daughter of the deceased. The calculations are as under:- Income of the deceased Rs. 3500.00 per month 50% increase in actual income Rs.1750.00 per month. Sharma Manju 2014.04.23 11:23 I attest to the accuracy and integrity of this document High Court Chandigarh (Rs. 5250 X 12 X 17) = Rs. 1071,000.00 Loss of consortium Rs. 1,00,000.00 payable to the widow Loss of love, guidance Rs. 1,00,000.00 and care to the children Funeral expenses Rs. 5,000.00 Rs. 12,76,000.00 6. Ordered accordingly. 7. Accordingly, the enhanced amount, besides the amount already awarded to the claimants by the Ld. Tribunal, shall be paid to the claimants-appellants, in the manner indicated in the impugned Award, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest@ 7.5% per annum from the date of the filing of the appeal till its realisation. 8. In view of the above, the present appeal is partly allowed and the impugned Award is modified to the above extent.