NEENA DIWAN Vs. HARPAL SINGH @ BITTU
LAWS(P&H)-2014-5-27
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 21,2014

Neena Diwan Appellant
VERSUS
Harpal Singh @ Bittu Respondents

JUDGEMENT

K.KANNAN J. - (1.) BOTH the appeals are connected. The accident took place on 1.11.1996. One person died and one person was seriously injured.
(2.) THE appeal in FAO No.2416 of 1998 is the case of death of a male aged 46 years. The claimants were widow and daughters. The widow is the claimant in FAO No.2417 of 1998 for the injury suffered by her in the very same accident. The deceased was said to be a Colonel in the Army drawing a salary of Rs. 14,680/ -. He had a sure prospect of promotion and I will therefore, rework the compensation providing for prospect of increase and also provide for conventional heads of claim in the manner awarded in some recent decisions of the Supreme Court. The various heads of 1 Income 14,680 14,680 , 2 Add, % of increase 30% 19084 3 Less, Deduction 1/3 + less 10% tax 11,450.40 4 Multiplicand (annualized by 1,37,404.80 multiplying 12) 5 Multiplier 13 13 6 Loss of dependence 11,70,000 17,86,262.40 7 Medical Expenses and Transportation 8 Loss of Consortium 1,00,000 9 Loss of love and affection 1,00,000 10 Loss to estate 7500 7500 11 Funeral expenses 5000 5000 Total 11,80,000 19,98,762.40 ,
(3.) THE total compensation payable shall be Rs. 19,98,762.40, which I will round off to Rs. 20 lacs. The additional compensation payable shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurer. The liability shall be distributed equally amongst the claimants.;


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