IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2258 of 1998 (O&M) Date of decision:15.12.2010 Smt. Nirmala Devi and others ....Appellants versus State of Haryana and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. J.S.Dhaliwal, Advocate, for Mr. V.P. Aggarwal, Advocate, for the appellants. Mr. Kunal Garg, AAG, Haryana, for respondents 1 and 2. None for respondent No.3. ---- 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 35 years old person, who was said to be an Electrician. The claimants were the widow, three minor children and parents. The Tribunal deducted 1/3rd for personal expenses, adopted a multiplier of 11 and granted a compensation of Rs.4,17,500/- that included Rs.9,500/- towards medical expenses, attendant charges etc. 2. The only modification that I would subject the award is to reappraise the case in the light of the decision of the Hon’ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298 and provide for a higher percentage of FAO No.2258 of 1998 (O&M) - 2 - contribution to the family in a case where there were 6 dependents. The Tribunal had taken 1/3rd deduction and instead I would adopt 1/4th for personal expenses and take the contribution to the family annually at Rs.27,000/-. The Tribunal had already adopted 17 as the multiplier which I will reduce to 16 and the amount of loss of dependency will be Rs.4,32,000/-. I will add Rs.5,000/- towards loss of consortium to the wife and provide for Rs.2,500/- each for each one of the minor children. I will also add another Rs.2,500/- towards loss to estate and another Rs.2,500/- for funeral expenses. In all, the amount of compensation shall be Rs.4,49,500/-. The amount in excess over what has been determined by the Tribunal already shall attract interest at 6% from the date of petition till date of payment. The marginal increase of compensation shall enure only to the benefit of the widow and three minor children. The liability of the respondent shall be as determined by the Tribunal. 3. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 15.12.2010 sanjeev