IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.987 of 1994 (O&M) Date of decision:03.12.2010 Smt. Suneshta Sharma and others ....Appellants versus Naresh Kumar and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Rajnish Narula, Advocate, for the appellants. Mr. Neeraj Khanna, Advocate, for Mr. Ravinder Arora, Advocate, for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J.(Oral) 1. The appeal is for enhancement of compensation for death of a Junior Engineer in the Electricity Board. He produced proof for his earning at Rs.4,500/-. He was aged 43 years at the time of accident. The claimants are widow and three daughters. The Tribunal took the loss of annual dependency at Rs.36,000/-, adopted a multiplier of 18 and arrived at a compensation of Rs.6,48,000/-. It also provided for Rs.62,000/- for treatment by way of medical expenses and granted on the whole Rs.7,10,000/- as compensation payable. 2. The learned counsel seeks for reappraisal of the compensation in the manner laid down by the Hon'ble Supreme Court in FAO No.987 of 1994 (O&M) - 2 - Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298, duly taking note of prospect of future increase of income. If a 30% increase must be provided as an average, the total income of the deceased must be taken as Rs.5,850/-. He had a widow and three daughters and if 1/4th deduction were to be taken, the monthly loss must be taken as Rs.4,390/-. The suitable multiplier for his age shall be 14 and the loss of dependency shall be Rs.7,37,520/-. I will take the amount of Rs.62,000/- as provided by the Tribunal towards medical expenses and also provide for loss of consortium at Rs.5,000/- for the wife and @ Rs.2,500/- for each one of three daughters. I will also add another Rs.5,000/- towards loss to estate and Rs.2,500/- for funeral expenses. In all, the total amount of compensation shall be Rs.8,19,520/-. The Tribunal has already awarded Rs.7,10,000/- and the amount in excess over what has been already awarded by the Tribunal shall attract interest at 6% from the date of petition till date of payment. 3. The amount determined shall be shared equally between the widow and all the children. The liability on the respondent shall be in the same manner as determined by the Tribunal and the Insurance Company shall indemnify the owner/insured and the driver. 4. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 03.12.2010 sanjeev