High CourtsSingle Bench(2014) 05 P&H CK 0531

Reliance General Insurance Co. Ltd. vs Darshan Kaur and Others

Punjab And Haryana At Chandigarh · Decided on 20 May 2014

HON’BLE JUDGES
K. Kannan, J
RESULT
Partly Allowed
CASE NUMBER
FAO No. 2695 of 2013

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Judgment

5 paragraphs · 227 words

K. Kannan, J.—The appeal is for enhancement of compensation for death of a male aged 53 years. The tribunal assessed a compensation of Rs. 34,66,650/- and the Insurance Company is on appeal challenging the compensation as too high in terms of the evidence given.

2.

The deceased was 53 years of age and was an Assistant Lineman in PSEB. The salary certificate brought on record showed that he was drawing a salary of Rs. 27691/- per month inclusive of all allowances. I will take the income tax deduction at 15% and take the annual income at Rs. 2,82,438/- apply for a deduction of 1/4th and re-work the compensation as under:-

The total compensation payable shall be Rs. 26,21,618/- with interest as awarded already.

3.

This Court has already allowed for Rs. 24 lacs to be disbursed to the claimants through the interim order passed on 22.5.2013 along with interest. The accident had taken place in the year 2010 and I believe that in spite of the order it could not have been possible for the claimants to release any amount due for the minor children. The share eligible to the minor children shall be detained in fixed deposit till the age of maturity and the disbursal will take place only after attaining majority.

4.

The award is modified and the appeal is allowed to the above extent.