RANBIR KAUR AND OTHERS Vs. MAHAL SINGH AND OTHERS
LAWS(P&H)-2016-2-541
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 18,2016

Ranbir Kaur And Others Appellant
VERSUS
Mahal Singh And Others Respondents

JUDGEMENT

- (1.) This appeal has been filed by the claimants for the enhancement of compensation on account of death of Sh. Navinder Singh, aged 36 years, in a motor vehicular accident on 16.09.1996. The Tribunal assessed the income at Rs.1800/- p.m. and by applying the deduction of 1/3rd and multiplier of 13 awarded compensation 1,87,200/- and further awarded Rs.2800/- towards funeral expenses alongwith interest @ 12% p.a. Learned counsel for the appellants has argued that the the multiplier of 15 has to be applied instead of 13 as per the age of the deceased as held by the Hon'ble Supreme Court in Sarla Verma and others v. Delhi Transport Corporation and another, 2009 ACJ 1298. Learned counsel for the respondent No.3-insurance company has fairly accepted this contention.
(2.) Learned counsel for the appellants has further argued that very meagre amount of Rs.2800/- has been given towards funeral expenses and this fact has also not been denied by the learned counsel for the respondent No.3-insurance company. Learned counsel for the appellants has further relied upon the decision of the Hon'ble Supreme Court in the case of Rajesh and others v. Rajbir Singh and others, 2013 9 SCC 54, where an amount of Rs.1 lac was awarded towards loss of consortium to the widow and Rs.1 lac each to three minor children for loss of care and guidance.
(3.) Learned counsel for the appellants has further argued that under conventional heads very less amount has been awarded and has relied upon the decision of the Hon'ble Supreme Court in Vimal Kanwar and others vs. Kishore Dan and others, 2013 171 PunLR 776, where the Hon'ble Supreme Court awarded a sum of Rs.1 lac to the widow and a sum of Rs.2 lac to the minor girl and Rs.1 lac to the mother on account of loss of love and affection, and another sum of Rs.1 lac towards loss of consortium to the widow. Learned counsel for the respondent No.3 is not in a position to deny these contentions as well. Keeping in view the entire conspectus of facts, I award Rs.12,000/- more to the appellants towards funeral expenses. I further direct that multiplier of 15 should be applied. I further award an amount of Rs.50,000/- each towards loss of consortium and towards loss of love and affection to the widow-appellant No.1. I further award an amount of Rs.25,000/- to the son-appellant No.2 and Rs.50,000/- to the daughterappellant No.3 towards loss of love and affection.;


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