IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.178 of 1988 (O&M) Date of decision:17.02.2011 M/s Simplex Concrete Piles ....Appellant versus Smt. Amar Kaur and others. ..Respondents II. FAO No.218 of 1988 (O&M) Smt. Amar Kaur and another ....Appellants versus M/s Simplex Concrete Piles and others. ..Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Lalit Mohan Suri, Senior Advocate, with Mr.Neeraj Khanna, Advocate, for the appellant in FAO No.178 of 1988 and for respondent No.3 in FAO No.218 of 1988. None for others. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J.(Oral) 1. The appeal in FAO No.178 of 1988 is a joint appeal by the insurer and the insured. The learned senior counsel seeks for permission to prosecute the case only on behalf of the insured and seeks for transposition of the insurer as a respondent in terms of the judgment in FAO No.178 of 1988 (O&M) - 2 - Chinnama George and others Versus N.K.Raju and another-2000(4) SCC 130. The transposition is, therefore, ordered and the Registry shall carry out the amendment in the memo of parties and take this appeal to be prosecuted at the instance of the insured only. 2. The above case and FAO No.218 of 1988, which is an appeal filed for enhancement of the claim, arise out of the same accident and addresses the claim for compensation in respect of the same person. The deceased was 60 years of age and a retired bank employee. The Tribunal took the income at Rs.3,300/-, applied a multiplier of 7 to determine the compensation. Learned senior counsel would contend that there was no basis for taking the income at Rs.3,300/- and the choice of multiplier was also erroneous. The claimant would, on the other hand, seeks for an enhancement on a plea that he was drawing Rs.3,900/- as General Manager in Adarsh Cold Storage & Ice Plant and for Rs.500/- as house rent allowance. The Tribunal had accepted the evidence of one Kuldip Singh(CW4) and Aditya Kumar (CW6) to ascertain the status of the deceased as a person working in the cold storage established by Shri Ved Bhusha Gupta and after making a deduction of 1/3rd, adopted a multiplier of 7 to determine the compensation of Rs.2,19,000/-. The assessment of compensation is, in my view, is appropriate and just and I will make no interference. 3. The awards are confirmed and the both the appeals are dismissed. (K.KANNAN) JUDGE 17.02.2011 sanjeev