LAWS(P&H)-2011-1-586

HARMEET KAUR AND ORS Vs. PUNJAB STATE

Decided On January 13, 2011
HARMEET KAUR AND ORS Appellant
V/S
PUNJAB STATE Respondents

JUDGEMENT

(1.) The appeal is for enhancement of compensation for death of Didar Singh who was aged 44 years. The claimants were widow, three children and the mother. The evidence was that he was running a hotel and was earning Rs. 3500/-per month at Mundi Kharar and he was previously running a spare part shop in Delhi and had migrated to Kharar after 1984 riots. The Tribunal took the income at Rs. 2500/-per month, having regard to the fact that he was supporting three daughters one of whom was a student in Dayanand Medical College and he was incurring expenses for the hostel and additional expenses to the tune of Rs. 3600/-per year. The Tribunal awarded Rs. 2,40,000/-by taking multiplier of 12.

(2.) I will take the income at Rs. 2500/-per month as determined by the Tribunal but provide for 1/4th deduction and take the contribution to the family at Rs. 1875/-and take annual contribution to the family at Rs. 22,500/-. I will adopt multiplier of 14 and determine the loss of dependency at Rs. 3,15,000/-and provide for an additional sum of Rs. 5,000/-for loss of consortium and other sum of Rs. 7500/-as loss of love and affection to the three daughters and I will also provide Rs. 5,000/-towards loss of estate and Rs. 2000/-for funeral expenses. The total amount of compensation that will become payable will be Rs. 3,24,500/-and the amount in excess of what has been determined by the Tribunal will also attract interest at 6% per annum from the date of petition till the date of payment. The increased amount of compensation shall be distributed equally amongst the widow and the daughters only.

(3.) The appeal is of the year 1990 and there is no representation on behalf of the Appellant. I have examined the case with the assistance of the counsel appearing for the State. Registry is directed to dispatch copy of the order to the Appellant, widow of the deceased.