F.A.O.NO. 600 OF 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 600 OF 1994 Date of decision:14th December, 2010 Bimla Rani wife of Shri Suresh Chand and another .......Appellants Versus Naveen Kumar(Driver of Bus No. HR03-9237) and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. B.R.Gupta, Advocate, for the appellants. None for respondent No. 1. Mr. Kunal Garg, AAG, Haryana, for respondent Nos. 2 and 3. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The appeal is filed at the instance of the claimants-parents seeking for enhancement of compensation for the death of a 22 year old boy. 2. Before the Tribunal the evidence was that the deceased was running a Halwai shop and earning Rs. 3,000/- per month. The Tribunal however, took the income to be Rs. 9,00/- per month as wages of a labourer, made a deduction of 1/3rd towards family contribution and dependency comes to Rs. 3,600/- per annum. The F.A.O.NO. 600 OF 1994 2 Tribunal adopted a multiplier of 12 and the annual loss of dependence would become at Rs. 43,200/- which was rounded off to Rs. 44,000/-. I would take the annual income of the deceased at Rs. 15,000/- and take the contribution to the family at Rs. 7,500/-, adopt a multiplier as the Tribunal has already taken at 12 and re-assess the amount at Rs. 90,000/-. I will also add Rs. 10,000/- towards conventional heads of claim (loss of earning, funeral expenses and loss of love and affection for the loss of son). In all the total amount of compensation shall be Rs. 1,00,000/-. 3. The amount in excess over what has already been awarded by the Tribunal is 6% per annum from the date of the petition till the date of the payment. 4. The appeal is allowed to the above extent only. [K.KANNAN] JUDGE 14th December, 2010 Shivani Kaushik