IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.198 of 1994 (O&M) Date of decision: 09.02.2011 Jagdish Raj and another ....Appellants versus Sanjiv Kumar alias Lovely and others ....Respondents II. FAO No.1871 of 1993(O&M) Sanjiv Kumar alias Lovely and another ....Appellants versus Jagdish Raj and others ....Respondents III. FAO No.1872 of 1993(O&M) Sanjiv Kumar alias Lovely and another ....Appellants versus Vijay Kumar and another ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Harsh Garg, Advocate, for the appellants in FAO No.198 of 1994 and for respondents 1 and 2 in FAO No.1871 of 1993. Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the Insurance Company. None for the appellants in FAO Nos.1871 and 1872 of 1993. ---- 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 ? ---- FAO No.198 of 1994 (O&M) - 2 - K.Kannan, J. (Oral) 1. The appeal in FAO No.198 of 1994 is for enhancement of claim for compensation for death of a 25 years old male and the claimants were the parents. He was said to be a motor mechanic. The evidence before the Tribunal was that he was earning Rs.4,000/- and the claimant had placed evidence through the owner of a shop, who had led evidence to the effect that the deceased was paying him Rs.250/- for the shop. There was also evidence for the injury to another person, who was a helper for the deceased. The Tribunal assessed the income for the deceased at Rs.1,000/- per month and assessed the income of Rs.900/- for helper. The learned counsel states that the assessment of income was grossly low. I would take the fact that a person, who was paying rent of Rs.250/- must have earned at least Rs.2,500/- if a rental expense which a person would have provided for, would have been at least 10% of his income and could not be as high as 25% of the income. I will, therefore, take the average income at Rs.2,500/- and proceed to tabulate the compensation as under:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) Age: 25 Occupation: mechanic Claimants: parents 1. Income 1,000 2,500 2. Deduction ½ ½ 3. Multiplier 15 15 4. Loss of dependence 2,25,000 5. Loss to estate 2,500 6. Funeral expenses 2,000 ______ _______ Total 90,0000 2,29,500 FAO No.198 of 1994 (O&M) - 3 - The amount to which it is enhanced, shall bear interest also at 6% from the date of petition till date of payment. The liability shall be in the same manner as determined by the Tribunal already and the amount shall be distributed equally between the parents. 2. The appeal in FAO No.198 of 1994 is allowed to the above extent. 3. There is no representation for the appellants in FAO Nos.1871 and 1872 of 1993 and both the appeals are dismissed for default. (K.KANNAN) JUDGE 09.02.2011 sanjeev