- (1.) The appeal is for enhancement of compensation for death of a male aged 32 years. He was stated to be an agriculturist and also doing dairy farming. The claimants are widow, two minor children and mother. As per evidence given by PW3 Arun Kumar, Commission Agent, during the year 2002, the deceased had supplied J-Forms under Punjab Mandate Board Rules Sale vouchers that aggregated to Rs. 1,48,002/-. The claimant stated that after her husband's death, she had leased the land and she was receiving about Rs. 8000/- per acre. The actual extent of land yield by him is not, however, available in evidence. When the agricultural land is still available to yield income, the dependence would be assessed only by the value of loss of managerial skills of the deceased. Taking the sale of grains in one year before his death at about Rs. 1,50,000/-, I assume 1/3rd towards cost of inputs, 1/3rd towards the return which will be available all times by the extent of the said land and 1/3rd towards the loss of mangerial skills. I shall rework the compensation under various heads of claims and tabulate them as under :- JUDGEMENT_723_LAWS(P&H)5_2014_1.html
(2.) There shall be an award of Rs. 10,80,000/- and the additional amount secured through this award shall attract interest at 9% per annum from the date of petition till date of payment. The amount shall be distributed in such a way that widow and children take twice as much as the mother of the deceased. The right of enforcement shall be available against the Insurance Company.
(3.) Since the accident took place on 16.03.2003 and I have applied a multiplier of 15, I allow 70% of the amount to be withdrawn as regards the widow's share and remaining 30% will be split in 5 equal portions, the first portion for a period of one year, the second portion for a period of two years and so on up to 5 years. The amount shall be released to the widow on the maturity of the deposits with the Nationalised Bank directly from the bank under advice to the Tribunal. As regards the share of the minors, they shall be deposited with the Nationalised Bank. 75% of the amount shall be permitted to be withdrawn on attaining majority and remaining 25% shall be split into three portions in such a way that first portion shall for a period of one year, the second portion for a period of two years and third portion for a period of three years. The amounts shall be released to the children on the respective dates of their maturity. The amounts during the minority which are held in deposit shall accrue interest and such interest shall be released quarterly to the mother of the children for maintenance. As regards the share of the mother of the deceased, the whole of the amount shall be permitted to be withdrawn by her without any requirement of deposit.;