Jagdish & Ors v. Vinod Kumar & Ors

IN T

Jagdish & Anoth Vinod Kumar &

CORAM : HON

Present: Mr

Mr SUDEEPTI SH

1.

The enhancement of Tribunal, Sirsa Section 166 of were awarded annum. FACTS NOT IN

2.

Bri Ram (since dece No.11, Ellenaba there while driv at a very high thereof, Ratti R

THE HIGH COURT OF PUNJ AT CHANDIGA -.-

FA Da her

VERSUS & others

N'BLE MRS. JUSTICE SUDE r. Dheeraj Narula, Advocate for t r. Gopal Mittal, Advocate for resp -.- HARMA, J. (Oral)

e present appeal has been prefer f compensation awarded by th (for short, 'the Tribunal') vid the Motor Vehicles Act, 1988, a compensation of Rs.55,000/ N DISPUTE ief facts of the case are that on 1 eased) was standing outside the ad District Sirsa, when the respon ving a motor-cycle No.RJ-31/2-M speed and dashed the motor-cy Ram fell on the ground and susta

JAB AND HARYANA ARH AO-2864-2006 (O&M) ate of Decision : 05.11.2024

....Appellants ....Respondents EEPTI SHARMA the appellants. pondent No. 3 – Ins. Co. rred by the claimants/appellants he learned Motor Accident Cla de award dated 07.12.2005 un , whereby the claimants/appella /- alongwith interest @ 7.5%

12.10.2004 at about 5.30 PM, R gate of his house, situated in W ndent No.1 – Vinod Kumar reach M/6371 rashly and negligently ycle against Ratti Ram, as a re ained multiple serious and griev

for ims nder ants per Ratti Ward hed sult

injuries on vario immediately aft Home, Sirsa, wh referred to Neur

The at Village Ber managing the sa

The legal representat

3.

Up the factum of ac

4.

Fro issues:-

ous parts of his body. The respo ter causing the accident. Ratti here he was given first aid but d ro Surgeon at Hisar but he succum e deceased was an agriculturist h rwal Khurd Tehsil Ellenabad. ame and thus was earning a sum e appellants are the earning son tives of the deceased had filed th on notice of the claim petition, ccident/compensation. om the pleadings of the parties,

¶1Whether the acciden respondent No.1 while driv M/6371 rashly and negligen Ram as alleged? OPP

¶2Whether the petition compensation amount? If so

¶3Whether the petition form? OPR

¶4Whether the petitioner present petition? OPR

ondent No.1 ran away from the s Ram was taken to Sidhu Nurs due to his serious condition, he w mbed to the injuries in the way. having 12 acres of agricultural l He himself was cultivating of Rs.6000/- per month. ns of the deceased and they be he claim petition. , respondents appeared and den the Tribunal framed the follow nt in question was caused ving a Motor Cycle No.RJ-31 ntly resulting into the death of R ners are entitled to receive how much and from whom?OPP is not maintainable in the pres rs have no cause of action to file

spot sing was

eing nied wing by 1/2-Ratti any P

5.

Aft record, the lear alongwith intere present appeal f SUBMISSIONS

6.

The Rs.55,000/- has claim has been was 70 years old

7.

Per the learned Trib of compensation

8.

Lea judgment of Ho Vs. Birender an earning sons of compensation in reproduced here

¶5Whether the petitione present petition? OPR

¶6Whether respondent N effective driving licence to the accident? If so to what ef

¶7Releif. ter taking into consideration th rned Tribunal awarded compen est @ 7.5% per annum. Hence for enhancement of compensation S OF THE LEARNED COUN e learned counsel for the claim been awarded under the head of declined by the learned Tribun d and have major sons. r contra, learned for the responde bunal vide award dated 07.12.20 n. Therefore, he prays for dismis arned counsel for the appel on'ble Supreme Court in the cas nd Others [2020 ACJ 759] to co f the deceased being legal repr n case of accidental death. Re ein:-

ers have no locus-standi to file No.1 was not holding a valid drive a motor-cycle at the time ffect? OPR he pleadings and the evidence nsation to the tune of Rs.55,00 e the claimants/appellants filed n awarded by the Tribunal. SELS FOR THE PARTIES mants-appellants contend that o f no fault liability and the rest of nal on the ground that the decea ent-Insurance Company argues t 005 has rightly assessed the amo ssal of the appeal. llants-claimants has relied up se of National Insurance Co. L ontend that even major married resentatives have right to apply elevant portion of the judgmen

e of on 00/- only f the ased that ount pon Ltd. y to

"14 app The on "le Ber con rep Ber sub com pet whe can imp Hig a c

¶4The legal representat plication for compensation by vir e major married son who is als the deceased, would be s egal representative" of the d ra (supra) had expounded that l e Act does not cease because ncerned legal representative. presentative" has not been ra (supra), the Court observed bsection (1) of Section 166 of the e legal representatives of th mpensation and any such lega tition. The proviso to said sub se ere all the legal representative n be made on behalf of the legal pleading those legal representat gh Court was justified in its view laim petition in terms of Section

¶10…..The Tribunal has a d the amount of compensatio specify the person or pers would be paid. The latter compensation by a person wh

¶11According to Section 2 means a person who in law r person, and includes any p estate of the deceased and w representative character th devolves on the death of the similar terms is the definiti

tives of the deceased could m rtue of clause (c) of Section 166 so earning and not fully depend still covered by the express deceased. This Court in Manj liability to pay compensation un of absence of dependency of Notably, the expression "le defined in the Act. In Manj thus: "9. In terms of clause (c) e Act in case of death, all or any he deceased become entitled al representative can file a cla ection makes the position clear t es had not joined, then applicat l representatives of the deceased tives as respondents. Therefore, w that the appellant could maint 166 of the Act. duty to make an award, determ on which is just and proper a sons to whom such compensat part relates to the entitlement ho claims for the same. 2(11) CPC, "legal representativ represents the estate of a de cea person who intermeddles with where a party sues or is sued i he person on whom the est e party so suing or sued. Almos ion of legal representa tive un

ove 6(1). dant sion juri nder egal juri ) of y of to aim that tion d by tain mine tion t of ve" ased in a tate t in

the Arbitration and Concilia 2(1)(g).

¶12As observed by this C BANCO National Ultramarin

(2) SCC 275 the definition inclusive in character and its legal heirs only. Instead it s may not be legal heir compe deceased can represent the includes heirs as well as per without title either as executo of the estate of the deceased. by the expression "legal in Gujarat SRTC v. Ramanb 234 a legal representative i death of a person due to a m necessarily be a wife, hu paragraph 15 of the said provisions of Section 140 of even if there is no loss of dep legal representative, will be concurring judgment of Just then was, it is observed that to apply for compensation" a The compensation constitute As a result, the legal repr inherit the estate. Indeed, in with the case of a married efficacy of Section 140 of th underlying the exposition in

ation Act, 1996 i.e. un der Sect Court in Custodian of Branches no v. Nalini Bai Naique [1989 Su contained in Section 2(11) CPC s scope is wide, it is not confined tipulates that a person who may etent to inherit the prop erty of estate of the deceased person rsons who represent the estate e ors or adminis trators in possess All such persons would be cove l represen tative". As obser bhai Prabhatb hai [(1987) 3 S is one who suf fers on account motor vehicle accident and need usband, par ent and child." decision, while adverting to f the Act, the Court observed t pendency, the claimant, if he wa e entitled to compensation. In tice S.H. Kapadia, as His Lords t there is distinction between "ri and "entitlement to compensatio es part of the estate of the deceas resentative of the deceased wo n that case, the Court was deal daughter of the deceased and he Act. Nevertheless, the princi this decision would clearly come

tion upp C is d to y or f the n. It even sion ered rved SCC t of not In that as a ship ight on". sed. ould ling iple

¶15dec mu of t com con con evid cla ₹1, me

¶16by from (sup foll

the aid of the respondent No they are major sons of the de It is thus settled by now tha ceased have a right to apply for st necessarily follow that even th the deceased being legal repres mpensation and it would be the nsider the application irresp ncerned legal representative wa d not to limit the claim towar dence on record in the prese imants were working as agricu d were earning meager inco 50,000/- per annum. In that sen e earning of their mother and in t with an accident at the young a

The next issue is about the d the legal representatives of th m the compensation amount dete e decision of three-Judge Bench pra). This Court, after analys lows:-

¶23Reverting back to Rule period during which the dep may receive financial assista allowances that was last dr the normal course without ra provides that the family sh pension as per the normal R which they would receive th

os. 1 and 2 (claimants) even thou eceased and also earning. at the legal representatives of compensation. Having said tha he major married and earning s sentatives have a right to apply e bounden duty of the Tribunal ective of the fact whether as fully dependant on the decea rds conventional heads only. T ent case would suggest that ultural labourers on contract ba ome between ₹ 1,00,000/- a nse, they were largely dependent n fact, were staying with her, w age of 48 years. deduction of the amount receiva he deceased under the 2006 Ru ermined by the Tribunal in terms h of this Court in Shashi Shar sing the relevant rules, opined e 5, sub-rule (1) provides for pendants of the deceased emplo ance equivalent to the pay and ot rawn by the deceased employee aising a specific claim. Sub-rule hall be eligible to receive fam Rules only after the period dur he financial assistance in terms

ugh at, it ons for l to ased The asis t on who able ules rma d as oyee ther e in

(2) mily

sub-rule (1). Sub-rule (3) gu government employee of a g for a period of one year from upon payment of normal ren

(4), an ex gratia assistance of the deceased employee to loss of the bread earner. Su allowance shall not be a par calculation of assistance.

¶24.....As regards the secon other source which any way the deceased government em from the claim amount for de under the 1988 Act.

¶25The claimants are legitim of "pay and wages" of the againtitled to claim for the lo covered by the first part of claimants or dependants of t (employed by the State of H claim for the same subject fa "pay and allowances", whi employer (the State) under R if the deceased employee w injury, he would have remai regular pay and allowance said Rules would inevitably the same head of loss of " government employee entaili source of profit to the depend

uarantees the family of a decea government residence in occupat m the date of death of the employ nt/licence fee. By virtue of sub-r of 25,000 is provided to the fam o meet the immediate needs on ub-rule (5) clarifies that house r rt of allowance for the purposes nd part, it deals with income fr y is receivable by the dependants mployee. That cannot be deduc etermination of a just compensat mately entitled to claim for the l e deceased government emplo oss of pay and was the case may f Rule 5 under the 1988 Act. T the deceased government emplo Haryana), however, cannot set up alling under the first part of Rule ich are receivable by them fr Rule 5(1) of the 2006 Rules. In th was to survive the motor accid ined in employment and earned es. Any other interpretation of result in double payment towa "pay and wages" of the decea ing in grant of bonanza, largesse dants/claimants.....

ased tion yee, rule mily rent rom cted tion loss oyee be, The oyee up a e 5-rom hat, dent his ards ased

¶26Indeed, similar statuto under the 2006 Rules is abs that the Claims Tribunal sh that the claim towards loss has already been or will be c form of ex gratia financi grounds under Rule 5(1) adjudicate claim an compensation which appea receivable by the dependan "pay and allowances" in assistance, therefore, cannot claimants. True it is, that the if the government employee death. At the same time, the the dependants of the decea similar amount from the because of the accidental d employee. The harmonious compensation payable unde exclude the amount received the deceased government towards the head financial other allowances" that wa government employee in the that the amount or payment r deceased government employ the total entitlement under th as the claim towards loss o other benefits is concerne employee had survived the them in their claim under the

ory exclusion of claim receiva sent. That, however, does not m hould remain oblivious to the f of pay and wages of the decea compensated by the employer in ial assistance on compassion . The Claims Tribunal has nd determine amount ars to it to be just. The amo nts/claimants towards the head the form of ex gratia financ t be paid for the second time to e 2006 Rules would come into p dies in harness even due to natu 2006 Rules do not expressly ena sed government employee to cla tortfeasor or insurance comp death of the deceased governm approach for determining a j er the 1988 Act, therefore, is d or receivable by the dependants employee under the 2006 Ru assistance equivalent to "pay a as last drawn by the decea e normal course. This is not to receivable by the dependants of yee under Rule 5(1) of the Rules he head of "loss of income". So of future escalation of income a ed, if the deceased governm accident can still be pursued e 1988 Act. For, it is not covered

able ean fact ased nate to of ount d of cial play ural able aim any ment just s to ules ased say f the s, is far ment d by

The obs rep In obs

the 2006 Rules. Similarly, dependants of the deceased sub-rule (2) to sub-rule (5) o life insurance, provident fund and cannot be allowed to b be paid to the dependan employee, applying the pr Rebello v. Maharashtra S

(1999) 1 SCC 90 and Uni Patricia Jean Mahajan, 20 SCC 281 cases.

¶27A priori, the appellants amount receivable by th government employee in term towards financial assistance wages of the deceased emplo e learned Judge of the High Cou e decision of the same High Co serve that 50% of the am presentatives of the deceased tow 06 Rules is required to be deduc the relied upon decision, the sa serve as follows:- "... However, perusal of th Court has not adverted to th extending assistance to famil in existence, family would h

, other benefits extended to d government employee in terms of Rule 5 including family pensi d, etc., that must remain unaffec e deducted, which, any way wo nts of the deceased governm rinciple expounded in Helen SRTC, 1998(4) RCR (Civil) 1 ited India Insurance Co. Ltd. 002(3) RCR (Civil) 534 : (2002 must succeed only to the exten he dependants of the decea ms of Rule 5(1) of the 2006 Ru e equivalent to the loss of pay a oyee for the period specified." (emphasis supplied) urt has, however, after adverting ourt in Ajmero (supra), went on mount receivable by the le wards financial assistance under cted from the compensation amou ame learned Judge had occasion e judgment would reveal that he issue that had the Rules of 20 ly of a deceased employee been have been entitled to pension to

ion, cted ould ment C. 177: . v. 2) 6 t of ased ules, g to n to egal unt. n to

9.

I h record of this ca

10.

A p time of accident be applicable. Under the preva deceased is ass wages prescribe SETTLED LAW

11.

Ho Transport Corp down the law o are as under:- "30 per

extent of 50% of the last dra in law, the pensionary benefi employee are not amenable f dependency. There is nothin that in addition to compass family of the deceased is b superannuation. Rather Rule denies family pension as per have heard learned counsel for ase. perusal of the award indicates t t was 70 years, therefore, the futu Further, deduction towards pers ailing facts and the circumstance sessed as Rs.2500/- per month ed for unskilled worker in the Sta W ON COMPENSATION n'ble Supreme Court in the poration and Another [(2009) 6 on assessment of compensation

¶0Though in some cases the rsonal and living expenses is

awn pay. As per the settled posit fits available to family of a decea for deduction for computing loss ng on record suggestive of the f sionate assistance under the Ru being paid pension till the age e 5(2) of the 2006 Rules specifica normal rules..." the parties and perused the wh that the age of the deceased at ure prospects in this case would sonal expenses is taken to be 1/ es of the present case, income of in accordance with the minim ate of Haryana. case of Sarla Verma Vs. De 6 Supreme Court Cases 121], l and the relevant paras of the sa e deduction to be made towa calculated on the basis of un

tion ased fact ules, e of ally hole not /3rd. f the mum elhi laid ame ards

ind stan dec was dep num whe

¶31par bac exp mo get par to e be con bec be only

dicated in Trilok Chandra, th ndardised deductions. Having cisions of this Court, we are of s married, the deduction toward e deceased, should be one-thir pendent family members is 2 t mber of dependent family memb ere the number of dependent fam Where the deceased was a ba rents, the deduction follows a chelors, normally, 50% is d penses, because it is assumed th re on himself. Even otherwise, tting married in a short time, in rent(s) and siblings is likely to b evidence to the contrary, the fath d will not be considered as a de considered as a dependant. I ntrary, brothers and sisters will cause they will either be indepe dependent on the father.

¶2Thus even if the deceased is ly d the mother would be consid

he general practice is to ap a considered several subsequ f the view that where the decea ds personal and living expenses rd (1/3rd) where the number to 3, one-fourth (1/4th) where bers is 4 to 6, and one-fifth (1/5 mily members exceeds six. achelor and the claimants are different principle. In regard deducted as personal and liv hat a bachelor would tend to sp there is also the possibility of which event the contribution to be cut drastically. Further, subj her is likely to have his own inco ependant and the mother alone w In the absence of evidence to l not be considered as dependa endent and earning, or married, survived by parents and siblin dered to be a dependant, and 5

pply uent ased r of 5th) d to ving end f his ject ome will nts, , or ngs, 50%

wou of t as you exp wil *

¶42men Sus an 25 y to 3 for uni to 6

12.

Ho Ltd. Vs. Pranay Sections 166, 1 aspects:-

(A) mu

uld be treated as the personal a d 50% as the contribution to the the bachelor is large and depend in a case where he has a wido unger non-earning sisters or b penses may be restricted to one-t ll be taken as two-third.

*

* We therefore hold that the m ntioned in Column (4) of the t samma Thomas³, Trilok Chandr operative multiplier of 18 (for th years), reduced by one unit for e 30 years, M-16 for 31 to 35 yea 41 to 45 years, and M-13 for 4 its for every five years, that is, M 60 years, M-7 for 61 to 65 years n'ble Supreme Court in the case y Sethi & Ors. [(2017) 16 SCC 63-A and 168 of the Motor Ve ) Deduction of personal an ultiplicand;

and living expenses of the bache e family. However, where the fam dent on the income of the deceas owed mother and large number brothers, his personal and liv third and contribution to the fam *

*

* multiplier to be used should be table above (prepared by apply ra and Charlie), which starts w he age groups of 15 to 20 and 21 every five years, that is M-17 for ars, M-15 for 36 to 40 years, M 46 to 50 years, then reduced by M-11 for 51 to 55 years, M-9 for and M-5 for 66 to 70 years. e of National Insurance Comp C 680] has clarified the law un ehicles Act, 1988, on the follow nd living expenses to determ

elor mily sed, r of ving mily e as ying with 1 to r 26 M-14 two r 56 pany nder wing

(B)

(C)

(D) esta

(E) age The

) Selection of multiplier depen ) Age of deceased on basis for ) Reasonable figures on con ate, loss of consortium and funer ) Future prospects for all cate es: with permanent job; self-emp e relevant portion of the judgmen "52. As far as the conventi it difficult to agree with the granted Rs.25,000 towards towards loss of consortium care and guidance for minor of care and minor children d to Santosh Devi, it does n conventional and traditional determined on percentage b acceptable criterion. Unlike heads have to be quantified reasonable foundation. Ther that price index, fall in ba many a field have to be n oblivious to the same. Ther aspect. Otherwise, there determination of the same an

nding on age of deceased; r applying multiplier; nventional heads, namely, loss ral expenses, with escalation; egories of persons and for differ ployed or fixed salary. nt is reproduced as under:- ional heads are concerned, we f e view expressed in Rajesh². It s funeral expenses, Rs 1,00,0 and Rs 1,00,000 towards loss r children. The head relating to l does not exist. Though Rajesh ref not seem to follow the same. T l heads, needless to say, cannot basis because that would not be e determination of income, the s d. Any quantification must hav re can be no dispute over the f nk interest, escalation of rates noticed. The court cannot rem re has been a thumb rule in t will be extreme difficulty nd unless the thumb rule is appli

of rent find has loss fers The t be e an said ve a fact s in main this in ied,

there will be immense variat as a consequence of which, and courts are likely to be seemly to fix reasonable sum figures on conventional hea consortium and funeral Rs.40,000 and Rs.15,000 revisiting the said heads is revisit should not be fact-cen that it would be condign quantified should be enhan three years and the enhance in a span of three years. W that will bring in consistency *

*

59.3. While determining th actual salary to the incom prospects, where the deceas below the age of 40 years, sh be 30%, if the age of the dec In case the deceased was bet addition should be 15%. actual salary less tax.

tion lacking any kind of consiste the orders passed by the tribun e unguided. Therefore, we think ms. It seems to us that reasona ads, namely, loss of estate, loss expenses should be Rs.15,0 respectively. The principle s an acceptable principle. But ntric or quantum-centric. We th that the amount that we h nced on percentage basis in ev ement should be at the rate of 1 We are disposed to hold so beca y in respect of those heads. *

*

* he income, an addition of 50% e of the deceased towards fut sed had a permanent job and w hould be made. The addition sho ceased was between 40 to 50 yea tween the age of 50 to 60 years, Actual salary should be read

ncy nals k it able 000, of hink ave very 0% ause % of ture was ould ars.

¶13Insuranc Others [2

59.4. In case the deceased salary, an addition of 40% o the warrant where the decea An addition of 25% where th 40 to 50 years and 10% wh age of 50 to 60 years shou method of computation. Th income minus the tax compon

59.5. For determination of t personal and living expenses be guided by paras 30 to 3 reproduced hereinbefore.

59.6. The selection of multi Table in Sarla Verma¹ read w

59.7. The age of the decease the multiplier.

59.8. Reasonable figures on estate, loss of consortium a 15,000, Rs 40,000 and Rs 1 amounts should be enhanced years." Hon'ble Supreme Court in ce Company Limited Vs. Na 2018(18) SCC 130] after consi

was self-employed (or) on a fix of the established income should ased was below the age of 40 yea he deceased was between the age here the deceased was between uld be regarded as the necess he established income means nent. the multiplicand, the deduction s, the tribunals and the courts sh 32 of Sarla Verma which we h iplier shall be as indicated in with para 42 of that judgment. ed should be the basis for apply conventional heads, namely, loss and funeral expenses should be 15,000 respectively. The afores d at the rate of 10% in every th n the case of Magma Gene anu Ram alias Chuhru Ram dering Sarla Verma (supra)

ixed d be ars. e of sary for hall ave ying Rs said hree eral &

Pranay S paras of th

Sethi (Supra) has settled the law he same are reproduced as under "21. A Constitution Bench o with the various heads und awarded in a death case. consortium. In legal parlanc term which encompasses consortium", and "filial con would include the company solace and affection of the family. With respect to a relations with the deceased sp

21.1. Spousal consortium pertaining to the relationshi compensation to the surviv society, cooperation, affecti conjugal relation".

21.2. Parental consortium premature death of a pa protection, affection, soc training".

21.3. Filial consortium i compensation in the case of accident leading to the death

w regarding consortium. Relev r:- of this Court in Pranay Sethi² de der which compensation is to One of these heads is loss ce, "consortium" is a compendi "spousal consortium", "paren nsortium". The right to consorti y, care, help, comfort, guidan deceased, which is a loss to spouse, it would include sex spouse. is generally defined as rig ip of a husband-wife which allo ving spouse for loss of "compa ion, and aid of the other in ev is granted to the child upon rent, for loss of "parental a ciety, discipline, guidance a is the right of the parents f an accidental death of a child. h of a child causes great shock a

vant ealt be of ious ntal ium nce, his xual ghts ows any, very aid, to

agony to the parents and fa agony for a parent is to los Children are valued for the and their role in the family u

¶22Consortium is a special about the status and worth jurisdictions world-over hav child's consortium far exc compensation awarded in th jurisdictions therefore pe compensation under loss of c The amount awarded to the of the love, affection, care a child.

¶23The Motor Vehicles Act providing relief to the victi genuine claims. In case wh child, or unmarried son or d be awarded loss of conso consortium. Parental conso lose their parents in motor few High Courts have awa However, there was no clari

amily of the deceased. The grea se their child during their lifeti eir love, affection, companions unit. l prism reflecting changing nor h of actual relationships. Mod ve recognised that the value o ceeds the economic value of e case of the death of a child. M ermit parents to be award consortium on the death of a ch parents is a compensation for l and companionship of the decea is a beneficial legislation aimed ims or their families, in cases here a parent has lost their mi daughter, the parents are entitled ortium under the head of fi rtium is awarded to children w vehicle accidents under the Act arded compensation on this cou ity with respect to the principles

test me. ship rms dern of a Most ded hild. loss ased d at inor d to filial who t. A unt.

CONCLUSION

14.

In above referred

07.12.2005 is m enhanced compe Sr. No. M D ex T M A L F L P

T

A

which compensation could consortium.

¶24The amount of compensa will be governed by the pri under "loss of consortium" a present case, we deem it ap the sister of the deceased, an of filial consortium. N view of the law laid down by to judgments, the present app modified accordingly. The ap ensation as per the calculations m Heads Monthly Income Deduction towards personal xpenditure Total Income Multiplier Annual Dependency Loss of Estate uneral Expenses Loss of Consortium arental : Rs.48,000/- x 2 Total Compensation Amount Awarded by the Tribu

d be awarded on loss of fi ation to be awarded as consorti inciples of awarding compensat as laid down in Pranay Sethi². In ppropriate to award the father a n amount of Rs 40,000 each for l the Hon'ble Supreme Court in peal is allowed. The award da ppellants-claimants are entitled made here-under:-Compensation Awarded Rs.2,500/-Rs.833/-[1/3 of 2500] Rs.1667/-(2500-833) Rs.1,00,020/-(1667 x 12 x Rs.18,000/-Rs.18,000/-Rs.96,000/-Rs.2.32,020/-nal Rs.55,000/-

ilial ium tion loss ated d to d x 5)

E

15.

So Court in Dara S and R.Valli and Supreme Cour 9% per annum o the date of its re

16.

The compensation a from the date of directed to disb the accounts of

07.12.2005. Th details to the Tri

17.

Dis

18.

Pen

November 5, 20 tripti

Whethe

Whethe

Enhanced amount far as the interest part is conce Singh @ Dhara Banjara Vs. Shy d Others VS. Tamil Nandu State rt Cases 107, the appellants-cla on the enhanced amount from th ealization. e Insurance Company is directed longwith interest with the Tribu f receipt of certified copy of this burse the enhanced amount of co both the claimants/appellants as e claimants/appellants are direc ibunal. sposed of accordingly. nding applications, if any, also st

(S

er speaking/non-speaking : Speak er reportable

: Yes/N

Rs.1,77,020/- (rounded of to Rs.1,77,000/- erned, as held by Hon'ble Supre yam Singh Varma 2019 ACJ 31 te Transport Corporation (2022 aimants are granted the interest he date of filing of claim petition d to deposit the enhanced amoun unal within a period of two mon s judgment. The Tribunal is furt ompensation along with interes per ratio settled in the award da cted to furnish their bank acco tand disposed of. SUDEEPTI SHARMA) JUDGE king

ff eme 2) 5 t @ n till nt of nths ther t in ated