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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Sankeshiya Devi – Appellant
Versus
Kulwinder Singh – Respondent
JUDGMENT :
ALKA SARIN, J. (Oral)
1. Present appeal has been preferred by the claimant-appellants aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as the 'Tribunal') vide award dated 25.02.2021 on account of death of Anhoti Yadav (hereinafter referred to as the 'deceased').
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 in the present case had awarded the following compensation :
Sr. No. | Heads | Compensation Awarded |
1 | Monthly income | Rs. 6,682/- |
2 | Annual income | [Rs. 6,682 x 12] = Rs. 80,184/- |
3 | Future prospects @ 40% | [Rs. 80,184 x 32073] = Rs. 1,12,257/- |
4 | Deduction - 1/4th | [Rs. 1,12,257 - 28,064] = Rs. 84,193/- |
5 | Multiplier -16 | [Rs. 84,193 x 16] = Rs. 13,47,088/- |
6 | Loss of estate | Rs. 15,000/ |
7 | Funeral expenses | Rs. 15,000/- |
8 | Loss of consortium @ ?40,000/- each | [Rs. 40,000 x 5] = Rs. 2,00,000/- |
Total compensation | Rs. 15,77,088/- | |
Interest | 7.5% per annum |
4. Learned counsel for the parties are ad idem that before the Daily Lok Adalat, the Insurance Company had agreed that the deceased be treated as a skilled worker. Lea
The court established that compensation calculations must accurately reflect the deceased's age and include future prospects, modifying the award to Rs. 8,40,000/-.
The court established that the multiplier for compensation must reflect the deceased's age and future earning potential, ensuring all relevant compensation heads are adequately addressed.
The court established that compensation for loss of dependency must consider minimum wages, future prospects, and appropriate multipliers, ensuring just compensation for claimants.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
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