SHARDA RANI Vs. KASHMIR SINGH
LAWS(P&H)-2014-5-447
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 08,2014

SHARDA RANI Appellant
VERSUS
KASHMIR SINGH Respondents

JUDGEMENT

K. Kannan, J. - (1.) THE appeal is for enhancement of compensation for death of a male aged 34 years. The deceased was working in Railway Department, Ambala drawing a salary of Rs. 6225/ - per month and the claimants were widow, three minor children and mother. The tribunal assessed a compensation of Rs. 5,70,000/ -. I rework the compensation by applying the principles relating to provision for increase and also provide for loss of consortium and loss of love and affection in the manner that are being done in some of the recent cases of the Supreme Court. The various heads of compensation are tabulated as under: - - The total compensation payable shall be Rs. 16,29,600/ -. The amount shall be distributed amongst the claimants widow, three children and mother in the ratio of 2:2:2:2:1. As regards the share of the mother it shall be disbursed in full while as regards the share of the remaining claimants 75% of the amount shall be permitted to be withdrawn immediately and 25% will be split equally in three portions and deposited in a nationalized bank as fixed deposit, the first portion shall be for one year, second portion for two years and the third portion shall be deposited for a period of three years. The amount shall be disbursed directly by the bank to the respective claimants on their maturity under advise to the tribunal. As regards the share of the minor the whole of the amount shall be kept in fixed deposit in a nationalized bank during the period of their minority and the interest shall be disbursed to the mother quarterly for their maintenance. On attaining the age of maturity the disbursement shall be in the same manner namely 75% to be given without any security and 25% to be dealt with in three yearly installments in the manner referred to above. The right of enforcement shall be available against the Insurance Company.
(2.) THE award is modified and the appeal is allowed to the above extent.;


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