KAILASH Vs. BEST EXPORT & IMPORT
LAWS(P&H)-2014-2-572
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 20,2014

KAILASH Appellant
VERSUS
Best Export And Import Respondents

JUDGEMENT

- (1.) THE aforementioned seven appeals have been filed in respect of a common award dated 12.09.2000 passed by MACT, Rewari in respect of an accident which occurred on 13.05.1997 on National Highway No.8, near Housing Board Colony, Dharuhera wherein seven persons died and five got multiple injuries when they all were travelling in a tractor trolley while coming from Gurgaon. Since all the appeals have arisen out of a common award, they are being decided together. FAO No. 4568 of 2002
(2.) FOR the purposes of discussion, FAO No. 4568 of 2002 is being taken first which is filed by the LRs of deceased Smt.Bharpai who was 45 years of age and a housewife.
(3.) THE Tribunal assessed the notional income of deceased Bharpai at Rs. 15,000/ -per annum and applied multiplier of 10 thereby awarding a compensation of Rs. 1,50,000/ - to the claimants with interest at the rate of 10% . Learned counsel for the appellants has argued that in Lata Wadhwa and others v. State of Bihar and others., 2001 4 RCR(Civ) 673 wherein the accident took place in the year 1989, the contribution was taken as Rs. 3000/ - per month. Here the accident took place in the year 1997 and only Rs. 15,000/ - per annum income has been assessed by the Tribunal which is highly inadequate. I agree with the learned counsel and assess the contribution of the deceased towards her family at Rs. 3500/ - per month.;


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