High CourtsSingle Bench(2016) 10 J&K CK 0020

Union of India vs Shano Devi

Jammu And Kashmir High Court · Decided on 5 October 2016 · Citation: (2017) AAC 906

HON’BLE JUDGES
Mr. Ramalingam Sudhakar, J.
RESULT
Dismissed
CASE NUMBER
CIMA No. 265 of 2006

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

20 paragraphs · 233 words
1.

This appeal is of the year 2006.

2.

The accident in this case happened on 06.06.1992 and the claim was filed in the year 2000, i.e. after eight years.

3.

The respondent/claimant is the wife of the deceased Darshan Lal who died in an accident which took place in the year 1992. He was travelling in CRPF vehicle coming from Srinagar to Jammu. The driver, it appears, drove the vehicle in rash and negligent manner and the vehicle fell into the Nallah and in that accident, Darshan Lal died on spot.

4.

The Tribunal while considering the case on hand granted following amount as compensation:

1.

For loss of dependency

Rs.4,08,000/-

2.

For loss of consortium

Rs.15,000/-

3.

For loss to the estate

Rs.15,000/-

For funeral expenses

Rs.3,000/-

Total

Rs.4,41,000/- with 7.5% interest per annum.

5.

The plea taken in the appeal by the appellant is both on the multiplier adopted and on quantum of compensation. Considering the age of the deceased, i.e. 30 year, who survived by his wife (widow) and the nature of his occupation as an employee in the CRPF, the quantum of compensation is not excessive. The interest at the rate of 7.5% is also commensurate with the date of decision of the claim petition, i.e.17.03.2006.

6.

No ground is made out for reducing the quantum of compensation or interest.

7.

Appeal is dismissed in the above terms.