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1997 Supreme(P&H) 217

NARESH JAIN, SAROJNEI SAKSENA
Gurmeet Kaur – Appellant
Versus
State Of Punjab – Respondent


Judgment

Sarojnei Saksena, J.

1. Skeletal facts of this case are that the deceased was 32 years old and he left behind his wife, two minor sons, two minor daughters and parents. The deceased was drawing a total salary of Rs. 742/- per month as a Editor Journalist. The learned Tribunal determined the dependency of wife and children at Rs. 300/- and that of parents at Rs. 200/- per month. Applying a multiplier of 14, Rs. 50,400/- were awarded as compensation to the wife and children and Rs. 6000/- to the mother (as father died during the pendency of the case). An amount of Rs. 10,000/- was deducted from this amount of compensation on the ground that this amount was paid by the State Government as ex gratia. Thus, the claimants i.e wife and children were awarded only Rs. 41,000/-. The claimants filed FAO No. 497 of 1982 in this Court. The claimants learned counsel argued that multiplier of 16 should have been applied and ex gratia amount granted to these claimant-appellants should not have been deducted. Both the prayers were not opposed by the respondents learned counsel. Hence the learned Single Judge awarded Rs. 96,000/- to the claimants and as per the apportionments made Rs. 80,000





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