LAWS(P&H)-2014-5-474

VIPAL KAUR @ RUPINDER KAUR Vs. DALJIT SINGH

Decided On May 21, 2014
Vipal Kaur @ Rupinder Kaur Appellant
V/S
DALJIT SINGH Respondents

JUDGEMENT

(1.) THE appeal is for compensation for death of a male aged 35 years. The accident had taken place on 30.7.2011. He was said to be employed as an Executive in Personnel Department in a private factory. The salary certificate produced as Annexure P -1 showed that he was drawing a salary of 27,286/ - that included Rs. 3,500 for conveyance allowance. The tribunal assessed a compensation of Rs. 25,35,000/ -. I shall make a deduction of Rs. 3500/ - from the salary and take a prospect of increase by 50% and take the income at Rs. 35,589/ -. I will make a further deduction of 15% as going towards tax and take the annual dependency of Rs. 2,72,255.84/ - after making a deduction of 1/4th for personal expenses. There shall be an award of Rs. 47,86,093/ - which I will round off to Rs. 47,86,000/ -. This amount shall be distributed equally amongst all the claimants in such a way that widow and children shall get twice as much as each of the parents. The various heads of compensation are tabulated as under: -

(2.) THE accident had taken place in the year 2011 and having regard to the fact that I have applied a multiplier of 16, as regards the share of widow 40% of the amount shall be permitted to be withdrawn immediately and 60% will be split equally in ten equal portions and deposited in a nationalized bank as fixed deposit, the first portion shall be for one year, second portion for two years, the third portion shall be deposited for a period of three years and so on up to tenth portion. The amount shall be disbursed directly by the bank to the respective claimant on their maturity under advice to the tribunal. As regards the share of the minors the whole of the amount shall be kept in fixed deposit in a nationalized bank during the period of their minority and the interest shall be disbursed to the mother quarterly for their maintenance. On attaining the age of majority the disbursement shall be in the same manner namely 75% to be given without any security and 25% to be dealt with in three yearly installments in the manner referred to above. The right of enforcement shall be available against the Insurance Company.