IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
FAO No.2088 of 2002
Date of decision: December 17, 2008
Krishna Pahuja & others ... Appellants
Versus
Sukhdev Singh & others ... Respondents
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present : Mr. N.L. Sammi, Advocate
for the appellants.
Mr. R.C. Kapoor, Advocate
for the NIC Ltd.
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1.Whether Reporters of Local Newspapers may be allowed to see
the judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
AJAY TEWARI, J.(Oral)
This appeal has been filed against the order dated
01.02.2002 passed by the MACT, Chandigarh awarding an
amount of Rs.2,74,000/- for the death of Shiv Dayal to his wife
and four children. The Tribunal held his income to Rs.3,000/- per
month and dependency is fixed as Rs.2,000/- per month. No fault
can be found with this.
However, I find that the multiplier of 11 is too low. As
far as the Schedule is concerned, the multiplier of 13 has to be
applied. Considering the fact that trend is towards a lesser
amount of the multiplier, I feel it would be appropriate if the
multiplier of 12 is allowed i.e. Rs.24,000/-. It may be mentioned
that at one stage when the matter had come in Lok Adalat, the
FAO No.2088 of 2002 -2-
parties had agreed that Rs.50,000/- would be a fair increase
however later on it transpired that the Insurance Company had
been granted the right of recovery and thus, the officer was not
competent to compromise the matter. In these peculiar
circumstances, I direct that the appellants would get the
increased compensation (as computed with the multiplier at 12)
with 10% interest from the date of filing the petition till the date
of payment.
December 17, 2008 (AJAY TEWARI) sonia JUDGE