Back
2013 Supreme(P&H) 1656
IN THE HIGH COURT OF PUNJAB AND HARYANA
K. KANNAN, J.
PUSHPA RANI AND OTHERS - Appellant
Versus
GURBANT SINGH AND OTHERS - Respondent
FAO No. 1150 of 2011 (O and M)
Decided on : 07-05-2013
Advocate Appeared:
For the Appellant : Harchand Singh Baath.
For the Respondent: Sandeep Suri.
The significance of compensation for the family of a deceased breadwinner justifies the condonation of delay in the appeal and the modification of the award to ensure adequate support for the dependents.
Headnote:
Delay Condonation - Compensation for Death - Family Dependency - Appeal Allowed
Fact of the Case:
The appeal was delayed by 1844 days, which was attributed to the claimants' lack of awareness due to illiteracy and living in a border town. The delay was condoned by the court due to the significance of the compensation for the family of the deceased breadwinner.
Finding of the Court:
The court modified the award by adjusting the deduction and adding additional amounts for funeral expenses, loss of consortium, and loss of love and affection to the minor children. The total compensation payable was determined to be Rs. 7,46,250, with an additional interest of 6% per annum from the date of the petition.
Issues: Delay Condonation, Deduction Adjustment, Additional Compensation, Interest Calculation, Manner of Apportionment
Ratio Decidendi: The court condoned the delay in the appeal due to the significance of the compensation for the deceased breadwinner's family. It adjusted the deduction and added specific amounts for various aspects of the loss, while also determining the manner of apportionment of the compensation.
Final Decision: The appeal was allowed, and the award was modified to provide the specified compensation and interest to the family of the deceased.
K. KANNAN, J.
1. There is a delay of 1844 days in preferring the appeal. The delay, according to the counsel for the appellants, was on account of the fact that the claimants are illiterate, living in a border town and they did not know that they should prefer the appeal within a particular time. The application for condonation of delay is stoutly contested by the insurance company. I find this to be not convincing but I am prepared to condone the delay since the issue related to compensation for death of a bread winner of a family leaving behind five dependents. I find no reason to deny the right of consideration on merits. The delay in filing the appeal is condoned. The only point urged before this Court is that the Tribunal must have applied a 1/4th deduction considering that there were five dependents while the Court has actually applied a 1/3rd deduction. The deceased was an income tax assessee and having regard to the fact that the Tribunal has provided for the income in the manner brought out through the record, I will take the income as assessed by the Tribunal at Rs. 75,000/-per annum, making a deduction of 1/4th and take the contribution to the family as Rs. 56,250/- per annum. I will adopt a multiplier of 13 as taken by the Tribunal and find the total dependency of Rs. 7,31,250/-. The Court has provided for Rs. 5,000/- towards funeral expenses and loss to estate. I will make a further addition of Rs. 5,000/- towards loss of consortium and another Rs. 5,000/- for loss of love and affection to the minor children. The total amount of compensation payable shall be Rs. 7,46,250/-. The amount in addition what has been awarded already by the Tribunal shall attract interest @ 6% per annum from the date of petition till the date of payment. As regards the manner of apportionment, the benefit of increase shall avail to the wife and children only.
2. The award stands modified and the appeal is allowed to the above extent.
