IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

217

FAO-2816-2013 (O&M)

Date of decision: 24.08.2018

SURESH KUMAR

... Appellant

Versus

RAMESH KUMAR AND ORS

... Respondents

CORAM:

HON'BLE MRS. JUSTICE REKHA MITTAL

Present :

None for the appellant.

Mr. A.S. Sidhu, Advocate for the insurance company.

****

REKHA MITTAL, J. (Oral)

CM No.12715-CII of 2013

Prayer in this application is for condonation of delay of 171

days in filing the appeal.

In view of averments made in the application supported by an

affidavit of the appellant coupled with that the provisions of Motor Vehicles

Act, 1988 providing for compensation are benevolent social legislation,

application is allowed and delay of 171 days in filing the appeal is

condoned subject to the condition that the claimant shall forgo interest for

the period of delay in case compensation is enhanced.

Main Case

The

claimant is

in appeal seeking enhancement of

compensation on account of death of Roop Chand in a motor vehicular

accident that took place on 07.07.2010.

The Tribunal has awarded compensation of Rs.2,39,000/-,

detailed hereunder:-

1. Monthly income of the deceased

Rs.7300/-

2. Multiplier

5

3. Deduction for personal expenses

50%

4. Loss of dependency

Rs.2,19,000/-

5. Expenses on funeral

Rs.10,000/-

6. Loss of estate

Rs.10,000/-

Ashok Kumar

2018.08.29 14:00

I attest to the authenticity and

accuracy of this document

FAO-2816-2013 (O&M)

-2-

The deceased was a pensioner from Haryana State Electricity

Board. He was born on 07.10.1940 and died on 07.07.2010. He was drawing

pension of Rs.7377/- but the Tribunal has taken loss of pension @Rs.7300/-.

The entire amount of pension would be taken into consideration for

computing loss of dependency. In this manner, loss of dependency qua loss

of pension is calculated at Rs.2,21,310/- [(Rs.7377 x 12 x 5) – (50%

deduction for personal expenses)].

The deceased was less than 70 years of age. There is nothing on

record suggestive of the fact that he was suffering from any ailment

rendering him incapacitated to provide security to the family. The value of

services of the deceased is assessed at Rs.2000/- per month. After allowing

deduction to the extent of 50% and multiplier of 5, loss of dependency is

calculated at Rs.60,000/- [(Rs.2000 x 12 x 5) – (50% deduction for personal

expenses)]. Total loss of dependency comes to Rs.2,81,310/-.

Under conventional heads, compensation allowed by the

Tribunal is modified to the effect that claimant shall be entitled to

Rs.30,000/-, i.e. Rs.15,000/- for funeral expenses and Rs.15,000/- for loss of

estate.

Total compensation is Rs.3,11,310/- and the additional amount

is Rs.72,310/- (3,11,310 - 2,39,000), payable with interest @ 7.5% per

annum from the date of petition till realization, except for the period of

delay.

The appeal is partly allowed in the aforesaid terms.

24.08.2018

(REKHA MITTAL)

ashok

JUDGE

Whether speaking/reasoned:

Yes / No

Whether reportable:

Yes / No

Ashok Kumar

2018.08.29 14:00

I attest to the authenticity and

accuracy of this document