HARMAIL SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) This order of mine shall dispose of two appeals bearing Nos. 3809 and 3810 of 2006 arising out of the same accident for enhancement of compensation on account of death of a four year old girl namely Daman and a lady of 43 years namely Gurmit Kaur respectively, both of whom unfortunately died in a motor vehicular accident occurred on 10.12.2003.

(2.) In the case of Daman, the Tribunal while assessing the compensation of Rs. 2,75,000/-, took the notional income of the child as Rs. 15000/- per annum and applied a multiplier of 15. In the case of Gurmit Kaur, it assessed the value of service of a householder to the tune of Rs. 3000/- per month and applied a multiplier of 16 for awarding a compensation of Rs. 5,80,000/- including Rs. 2000/- for funeral expenses and Rs. 2500/- for loss of estate.

(3.) Mr. Parminder Singh-I, learned counsel appearing on behalf of the appellant(s) in both the cases submitted that the Tribunal erred in assessing the compensation on account of death of aforementioned persons. In the case of child aged 4 years, the Tribunal while taking into consideration the age of the parents for applying the multiplier, ought to have applied a multiplier of 17 instead of 15 as the claimants were 28 years of age. Moreover, the Tribunal held that respondent No. 3 shall be liable to make the payment of the compensation within a period of two months from the date of the award, failing which it shall be liable to pay the same with interest @9% from the date of petition till realization whereas the claimants are entitled for interest from the date of filing of the claim petition till realization, therefore, the award of the Tribunal is required to be modified.