NEELAM SIKKA AND OTHERS Vs. HARINDERJIT SINGH AND OTHERS
LAWS(P&H)-2016-1-599
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 27,2016

Neelam Sikka And Others Appellant
VERSUS
Harinderjit Singh And Others Respondents

JUDGEMENT

- (1.) This is an appeal for enhancement of compensation in a death case.
(2.) The brief facts are that on 25.01.2000 deceased Satish Chander Sikka, who was 48 years old and a Principal in Government Girls Senior Secondary School, Chandigarh Road, Ludhiana, was standing at General Bus Stand Ludhiana near a bus which was to leave for Chandigarh. All of a sudden a bus belong to M/s New Sutluj Private Co. Ltd. Jalandhar bearing No.PB-08S-9866 being driven by Harjinder Singh-respondent No.1 in a rash and negligent manner without blowing any horn came there and struck against the deceased who fell down and front wheel of the bus ran over him. He died on the way to hospital. This accident was witnessed by two persons namely Virender Kumar and Sudhir Kumar. The claimants are his legal heirs who filed the present claim petition and being dissatisfied with the award of the Tribunal they have filed the present appeal.
(3.) The deceased was getting Rs. 16,206/- per month as salary. His net salary was Rs.14,137/-per month. His widow who is also a Government employee, was getting monthly salary of Rs. 11,500/- and pension of Rs. 7000/- as well on account of the death of her husband i.e. Satish Chander Sikka, the deceased. She also received Rs. 3 lacs as terminal benefits of her deceased husband and was to get an amount of Rs. 1.5-2 lacs on account of gratuity/G.P.fund etc. Her two minor sons were also getting a pension of Rs. 7000/-. The deceased used to go daily from Ludhiana to Katani Kalan. Keeping in view all these facts the Tribunal assessed the monthly dependency of the claimants on the deceased to be Rs. 5000/- and annual dependency to be Rs. 5000 x 12 = Rs. 60,000/-. The Tribunal, taking the age of the deceased to be 49 years, applied the multiplier of 10. In this way the total dependency of the claimants on the deceased was worked out to Rs. 60,000 x 10 = Rs. 6,00,000/-. The interest awarded was at the rate of 9% p.a. from the date of filing of the claim petition till realisation. The awarded amount was ordered to be paid to the three claimants at the rate of Rs. 2 lacs each.;


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