RAJNI Vs. DHARAMBIR
LAWS(P&H)-2014-6-60
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 30,2014

RAJNI Appellant
VERSUS
DHARAMBIR Respondents

JUDGEMENT

K. Kannan, J. - (1.) THE appeal is for enhancement of claim for compensation for death of a male, aged 35 years, in an accident that took place on 03.09.2007. The deceased was said to be a Mason and the plea was that he was earning about Rs.9,000/ - per month. The claimants were widow, 2 minor children and parents. The Tribunal took the income at Rs.3,200/ - per month and assessed a compensation of Rs.5,01,020/ - as payable. I take the income, as assessed by the Tribunal, but would make provision for future prospect of increase and rework the compensation under various heads of claims and tabulate them as follows: - There shall be an award of Rs.10,18,700/ - and the amount shall be distributed amongst the claimants in the ratio of 2:2:2:1:1. As regards the parents' share, the amount shall be distributed immediately. As regards the share of the widow, 50% of the amount shall be permitted to be withdrawn and the rest of the 50% shall be divided into 8 portions, the first portion for a period of one year, the second portion for a period of two years and so on upto the 8th year. As regards the share of the minors, the same shall be retained in deposit during the period of their minority and 75% of the same shall be permitted to be withdrawn on attaining majority. The rest of 25% shall be kept in deposit, splitting the amount into 3 portions, the first portion for a period of one year, the second portion for a period of 2 years and the third portion for a period of three years. The amount shall be deposited with the nationalized bank with specific directions to the Bank to disburse the amounts on majority directly without having to apply for withdrawal but under the advice of the Tribunal.
(2.) THE award stands modified and the appeal is allowed to the above extent.;


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