2016 (2) TMI 1374

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....and FAO 2705 of 2013 and for respondent No. 2 in FAO 598 of 2014. K.KANNAN,J (Oral) CM No. 1759-CII of 2014 in FAO 598 of 2014 For the reasons mentioned in the application, delay in re-filing the appeal is condoned. Civil Miscellaneous Application stands disposed of. CM 2580-CII of 2014 IN XOBJC No. 20-CII of 2014 in FAO 2705 of 2013 For the reasons mentioned in the application, delay in filing the crossobjection is condoned. Civil Miscellaneous Application stands disposed of. Main Cases 1. All the appeals are at the instance of the claimants and the owner. FAO 2838 of 2013 and FAO 2705 of 2013 are at the instance of the owner aggrieved against the denial of indemnity and a provision for recovery granted to ....

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....rs of age and a housewife. The claimants were the husband and major son and major daughter. The Tribunal took the value of her services at Rs. 2500/-. The counsel argues that there must be prospects of increase. Taking the value of services at Rs. 4500/- and allowing for a multiplier of 11 suitable to the age of deceased, I will provide for the lakh of rupees for loss of consortium to the husband and make a further provision of Rs. 25000/- to each major son and daughter for loss of love and affection. Various heads of claim are tabulated as under. Fatal Accident   Date of accident   Age 51 31.08.2011   Occupation Housewife     Claimants: Husband and major son and major da....

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....use he was not a bachelor. If he was literally treated as a bachelor and the wife had not even joined, it was perfectly competent for the court to treat him as bachelor and provide for compensation, taking 50% deduction. I will also find no scope for enhancement of notional income what has been assessed at Rs. 5200/-. I will re-work the compensation and tabulate various heads as under: Fatal Accident   Date of accident   Age 22 31.08.2011   Occupation       Claimants: Parents       Heads of claim Tribunal High Court Sr. No.   Amount (`) Amount (`) 1 Income 5200 5200 2 Add, % of increase   &n....