Surinder Kaur and Others vs Gurmukh Singh and Others

K. Kannan, J.—The appeal is for enhancement of claim for compensation for death of a male, aged 45 years in an accident that took place on 10.04.2000. The claimants were widow, 1 major and 3 minor children. The deceased was working with Punjab Roadways, drawing a salary of Rs. 8,044/- per month. The Tribunal assessed a compensation of Rs. 7,70,400/-.

I shall rework the compensation, taking sure prospect of increase in salary by 30% and also provide for compensation for loss of love and affection for children and loss of consortium to the mother in the manner provided in some of the recent decisions of the Supreme Court and tabulate them as follows:-

There shall be an award of Rs. 16,32,607/- and the additional amount secured through this award will attract interest at 9% per annum from the date of petition till date of payment.

In this case, the counsel appearing on behalf of the appellants states that they had made a proposal for settlement with the Insurance Company but the Insurance Company has not entertained the same. I have looked into the proposal and I find the amount for which the settlement was made was even less than the amount which I have now determined. I find the attitude of the Insurance Company to be grossly deficient and most uncooperative. I impose a cost of Rs. 25,000/- besides making the right of enforcement available for the claimants against the Insurance Company.

The award stands modified and the appeal is allowed to the above extent.