Amarjit Kaur Etc vs Lakhvir Singh Etc

REKHA MITTAL, J. (Oral)

The claimants are in appeal seeking enhancement of compensation on account of death of Sukhpal Singh son of Gorakh Singh in a motor vehicular

accident that took place on 27.06.2011.

The Tribunal has awarded compensation of Rs.3,26,000/-, detailed hereunder:-

1.Monthly income of the deceased Rs.3000/-

2.Multiplier 18

3.Deduction for personal expenses 50%

4.Loss of dependency Rs.3,24,000/-

5.Expenses on funeral Rs.2000/-

Counsel for the appellants would argue that compensation awarded by the Tribunal needs enhancement in the light of latest judgment of Hon'ble the

Supreme Court National Insurance Company Limited Vs. Pranay Sethi and Ors., 2017 SCC 1270. Another submission made by counsel that income

of the deceased assessed by the Tribunal is on lower side.

Counsel representing the insurance company has not disputed entitlement of the claimants to benefit of future prospects and compensation of

Rs.30,000/- under conventional heads.

The Tribunal has assessed income of the deceased at Rs.3000/-per month. Taking a clue from the notification issued by the State of Punjab fixing

minimum wages at the relevant time, income of the deceased is assessed at Rs.4000/- per month. Claimants shall be entitled to increase in income for

future prospects @ 40% as the deceased was 23 years old. Deduction for personal expenses and multiplier adopted by the Tribunal are affirmed. In

this manner, loss of dependency comes to Rs.6,04,800/-(Rs.4000 x 12 x 18) + (40% future prospects) â€" (50% deduction for personal expenses).

Under conventional heads, claimants shall be entitled to Rs.30,000/- i.e. Rs.15,000/- expenses on funeral and Rs.15,000/- for loss of estate.

Total compensation is Rs.6,34,800/- and the additional amount is Rs.3,08,800/- (6,34,800 â€" 3,26,000), payable with interest @ 7.5% per annum from

the date of petition till realization to mother of the deceased.

The appeal is partly allowed in the aforesaid terms.