LAWS(P&H)-2012-7-17

LAKHWINDER SINGH Vs. DALJIT KAUR

Decided On July 04, 2012
LAKHWINDER SINGH Appellant
V/S
DALJIT KAUR Respondents

JUDGEMENT

(1.) DELAY of 24 days in filing the appeal is condoned.

(2.) THE appeal is for enhancement of compensation for the death of the housewife. The Tribunal had assessed the value of the household services to be Rs.36,000/- per annum, made a � deduction and applied a multiplier of 17. The learned counsel argues that there could not have been any cut if the household services were quantified and further appropriate multiplier should have been only 18. I do not find that said two contentions could be accepted. A determination of value of household services is invariably a matter of conjecture and if the Court provides for a particular modification and adopts also a cut, I will not find that to be either irregular or opposed to law. The choice of multiplier has been made on the basis of the age of the claimant, who was 28 years of age and the choice of multiplier also conforms to the decision of the Hon'ble Supreme Court in Sarla Verma Versus Delhi Transport Corporation and another 2009(6) SCC 121, if it were to be examined from the point of view of the age of the claimant which was more than the age of the deceased, I do not, therefore, find any reason to modify the award. The appeal filed challenging the award is dismissed.

(3.) THE appeal in FAO No.1743 of 2012 arise out of the death of a child of 3 months and the Court has awarded a compensation of Rs.2,75,000/-. Again in the matter of assessment of compensation for death of an infant, a certain guess work has to be made and if the Court found no special reason to award a higher amount and quantified it at Rs.2,75,000/-, I do not think that the Tribunal has committed any error. The award is confirmed and the appeal is dismissed.