SATWINDER KAUR Vs. HARPAL SINGH @ PALA

JUDGEMENT

(1.) THE appeal is for enhancement of compensation. The deceased was a "grinder man" in Italy who had a visa expiring 3 years. His income in Indian currency equivalent was about Rs. 34256/ -. The Court made a deduction of 50% for personal expenses and applied a differential multiplier of 3 for the income shown and for the balance of years it assumed that he would have an income of Rs. 3,000/ - per month and applied a multiplier of 10. Since a split multiplier is not legally favoured and there was an exceptional circumstance, where the return to India was imminent, his income would not have been the same on his return. Even thus there was no warrant for taking the income to be grossly low at Rs. 3,000/ -. I shall take the income at Rs. 10,000/ - apply a deduction of 1/4th and take the contribution to the family at Rs. 7500/ -. I will apply a multiplier of 10 and take the loss of dependence at (7500 x 12 x 10) Rs. 9,02,000/ -, which is in excess by Rs. 6,60,000/ - over what was already assessed. I shall make a further provision of Rs. 1 lac for loss of consortium Rs. 2 lacs for loss of love and affection for 4 daughters, Rs. 20,000/ - for loss of estate and Rs. 20,000/ - for funeral expenses.

(2.) THERE shall be consequently an additional amount of Rs. 10 lacs with interest at 7.5% from the date of petition till the date of payment. The parents were 80 years about 20 years back and hence the additional amount shall not avail to them but only to the widow and daughters equally. The right of enforcement shall be available against the insurer.