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211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-2173-2014 (O&M) DATE OF DECISION : 21.04.2025 SUMITRA DEVI & OTHERS ... APPELLANTS V/S JITENDER KUMAR & OTHERS
... RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Ishan Cooner, Advocate for Mr. J.S.Cooner, Advocate for the appellants. Mr. Aditya Kochar, Advocate for Mr. Rajneesh Malhotra, Advocate for respondent No.3. * * * PANKAJ JAIN
, J. (ORAL)
Claimants have assailed the quantification of the compensation. Jaswant Singh lost his life in a motor vehicular accident dated 08.10.2008 at the age of 50 years leaving behind two children, widow and a mother. The Tribunal assessed the income of the deceased at Rs.16,200/- which was proved before the Tribunal in terms of the salary certificate.
Learned counsel for the appellants submits that deduction of 1/3rd has been wrongly applied to calculate the dependency. The same is modified to 1/4th. Nothing has been paid on account of future prospects. Claimants are also entitled for future prospects @ 30% on the salary of the deceased. Multiplier of 13 has to be awarded in terms of the ratio of law laid down by the Hon’ble Supreme Court of India in the case of Sarla Verma JANKI BHATT 2025.04.24 12:38 I attest to the accuracy and integrity of this document High Court Chandigarh
FAO-2173-2014 (O&M) -2- Vs. D.T.C. (2009) 3 RCR (Civil)77. Each of the claimants are entitled for an amount of Rs. 48,000/- on account of loss of consortium. Claimants are also entitled for an amount of Rs. 18,000/- for ‘loss of estate’ and Rs.18,000/- for ‘funeral expenses’. With the aforesaid modification, the appeal is disposed of. 21.04.2025 (PANKAJ JAIN) Janki JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2025.04.24 12:38 I attest to the accuracy and integrity of this document High Court Chandigarh