Mithlesh vs Prem - 2024 Supreme(P&H) 805

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 805

ALKA SARIN
Mithlesh – Appellant
Versus
Prem – Respondent

Advocates Appeared:
Mr. Ashwani Bhardwaj, Advocate for the appellants in FAO-1108-2016 and for Respondents No.1 to 3 in FAO-2669-2015.
Mr. Rajbir Singh, Advocate for Respondent No.3 in FAO-1108-2016 and; For the Appellant in FAO-2669-2015.

JUDGMENT

Mrs. Alka Sarin, J. (Oral)

This order of mine shall dispose off the two above noted appeals being FAO-1108-2016 preferred by the claimant-appellants for enhancement and FAO-2669-2015 preferred by the Insurance Company challenging the quantum of compensation awarded vide award dated 03.12.2014 passed by the Motor Accident Claims Tribunal, Hisar (hereinafter referred to as 'the Tribunal').

2. Since the facts, as recorded in the impugned award passed by the Tribunal are not in dispute, the same are not being reproduced herein for the sake of brevity.

3. The Tribunal had awarded the following compensation :

Sr. No.	Heads	Compensation Awarded
1	Monthly income	Rs. 4,000/-
2	Annual Income	[Rs. 4000 x 12] = Rs. 48,000/-
3	Future prospects 15%	[Rs. 48000 + Rs. 7200] =Rs. 55,200/-
4	Deductions 1/4th	[Rs. 55200 - Rs. 13800] = Rs. 41,400/-
5	Multiplier of 13	[Rs. 41400 x 13] = Rs. 5,38,200/- =
6	Funeral expenses	Rs. 25,000/-
7	Loss of love and affection	Rs. 4,00,000/-
8	Total Compensation	Rs. 9,63,200/-
9	Interest	7.5% per annum