K.KANNAN J. - (1.) BOTH the above appeals are connected and they relate to the same accident. The appeal in FAO No.616 of 2013 is for reduction of compensation as assessed on the question of quantum. The appeal in FAO No.4263 of 2013 is for enhancement of compensation by the legal representatives of the deceased aged 42 years. The accident had taken place on 03.03.2008. The deceased was said to be working in a boutique and also engaged in stitching at home and making an income of Rs. 10,000/ - per month. The claimants were three of her children.
(2.) THE Tribunal while assessing compensation reasoned that the evidence given by PW5, who claimed to be a boutique owner and who was said to have engaged the services of the deceased to be too artificial. She has stated in her evidence that she closed down her business after the death of Smt. Kanta Devi. The Tribunal took this to be too artificial to accept that she was the boutique owner and that she was making any payment to the deceased. The Tribunal also observed that if she was ordinarily doing work of stitching at home and making an earning, it was not necessary to work in boutique and vice versa. The Tribunal stated that she was earning about Rs. 3600/ - per month and assessed a compensation of Rs. 7,17,616/ -, the only manner of modification that I will apply to the assessment is to make a provision for prospect of increase of her income and provide for a larger sum towards loss of love and affection for the three children. I will tabulate various heads of claims as under: - FATAL ACCIDENT Smt. Kanta Devi Age 42 years Occupation Working in boutique+stitching at home Claimants 3 children Heads of claim Tribunal High Court Sl. No. Amount Amount (Rs.) (Rs) 1 Income 3600 3600 2 Add, % of increase 30% 4680 Less, Deduction 1/4th 3 3510 4 Multiplicand (annualized by 42,120 multiplying 12) 5 Multiplier 14 14 Kamboj Pankaj Kumar 2014.05.27 17:03 I attest to the accuracy and integrity of this document Chandigarh FAO No.616 of 2013 -3 - FATAL ACCIDENT Smt. Kanta Devi 6 Loss of dependence 7,07,616 5,89,680 7 Medical Expenses and Transportation 8 Loss of Consortium 9 Loss of love and affection 2,00,000 10 Loss to estate 5,000 5,000 11 Funeral expenses 5,000 25,000 Total 7,17,616 8,19,680 There shall be an award of Rs. 8,19,680/ -. The additional amount of compensation over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment. The entitlement shall be distributed equally amongst the claimants. The liability shall be in the same manner as determined by the Tribunal.
(3.) THE award stands modified and the appeal in FAO No.4263 of 2013 is allowed to the above extent. Consequently, the appeal filed by the insurance company in FAO No.616 of 2013 is dismissed.;