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2017 Supreme(P&H) 493

ANITA CHAUDHRY
Harbans Kaur – Appellant
Versus
Jeet Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. J.S. Khiva.
For the Respondent: Mr. Sukhdarshan Singh.

JUDGMENT :

ANITA CHAUDHRY, J.

1. This is the claimant's appeal seeking enhancement in the award dated 05.04.2011 passed by the Motor Accident Claims Tribunal, Mansa.

2. Sukhdev Singh died in an accident which occurred on 04.04.2009. He was 40 years old and was stated to be an agriculturist and owned 27 Kanals of land. It was pleaded that he had taken 5 acres of land for cultivation and his monthly income was Rs. 25,000/-. The claimant is his widow. The Tribunal noted that the claimant had failed to produce any document to show that the deceased owned any land or that he had taken any land for cultivation. The oral statement was not accepted and the income was taken as Rs. 3,000/- per month. After making a deduction of 50% the dependency was taken as Rs. 1,500/- per month. The multiplier of 15 was applied and the compensation was calculated as Rs. 2,70,000/-. A sum of Rs. 5,000/- was added for loss of love and affection, Rs. 5,000/- for funeral expenses and Rs. 5,000/- for loss of consortium. The amount was to be paid by the insurance company with interest @ 7.5% per annum. An award of Rs. 2,85,000/- was passed.

3. The submission on behalf of the appellant is that the deceased was an ag




















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