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| Court directions in compensation case | | | EARLY TIMES REPORT
Jammu, Dec11: Coming to the rescue of a petitioner whose wife got electrocuted and seeking compensation of Rs. 10 lakhs, Justice JP Singh of J&K High Court Jammu Wing in a petition filed by the husband of the deceased, has directed the respondents to pay the petitioner an amount of Rs 3, 18, 000 along with interest @6% PA from the date of filling of the petition.
This significant judgment was passed in a petition seeking compensation of Rs 10 lakhs for the death of 22 year Tillo Devi on June 30, 2002 who got electrocuted on coming in contact with an electric line, which after getting snapped had remained suspended alongside an electric pole and no steps had been taken by the electric maintenance and rural electrification wing of PDD to discontinue the electric energy flowing therein.
Justice Singh, after hearing Sr. Adv SS Lehar appearing for the petitioner and Deputy Advocate General Shaista Hakim appearing for the PDD and also going through the record of the case and referring a judgment of Supreme Court, observed that Tillo Devi was a house wife and the compensation for her death is required to b assed by taking her notional income Rs 3000 being the contribution of a house wife to the family. Petitioner has been deprived of the love, affection and company of his wife, besides the contribution she had been making to the family. He is thus required to be suitably compensated. Applying the Multiplier method, which has come to be accepted as a fair method of determining just compensation under Section 168 of the Motor Vehicles Act, multiplier of 12 is selected as the appropriate multiplier to assess compensation for the death of Tillo Devi, keeping in view the standard of living of the petitioner and his wife. Deducting one third out of the income of Rs. 3000 which Tillo Devi would have spent on herself had she remained alive, an amount of Rs. 2000 is taken as monthly loss to the petitioner because of the death of his wife. The annual income would thus come to Rs. 24,000. The compensation, to which the petitioner may, therefore, is entitled to would come to Rs. 3, 18,000. With these observations, Court allowed the petition and directed the respondent State to pay Rs.3, 18,000 along with interest @ 6% per annum from the date of filing of the writ petition. JNF |
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