FAO No.4414 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4414 of 2006 Date of Decision.07.12.2010 Smt. Santro Devi widow of Jasbir Singh son of Jai Bhagwan and others ......Appellants Versus Kulwinder Singh s/o not known resident of House No.1510, Sector 15, Faridabad, District Faridabad and others ......Respondents Present: Mr. Pankaj Midha, Advocate for the appellants. Mr. Suveer Diwan, Advocate for respondent No.4. None for respondent Nos.1, 1-A, 2 and 3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 driver, who was aged 30 years where the claimants were wife, three minor children and parents. The Tribunal took the income to be Rs.3,000/-, provided for 1/3rd deduction and adopted a multiplier of 15. It added Rs.10,000/- for loss to estate and funeral expenses. 2. Learned counsel appearing for the appellants would contend that he was a driver of a Container and the evidence of a co-employee was that he was drawing Rs.6,000/- as salary. The learned counsel would make an issue of the fact that the vehicle was a large Container and the income ought to have been taken as what was stated by the FAO No.4414 of 2006 -2- witness. I am afraid, I cannot accept such a contention especially when the evidence of the employer was not available and there was no material to which the Tribunal could have relied on as basis for the evidence of PW3. I will go with what was determined by the Tribunal but would make modification with reference to deduction, which I will take 1/4th for six dependents and take the contribution to the family at Rs.2250/-. I will adopt a multiplier of 17 against 15 taken by the Tribunal and the loss of dependence shall be Rs.4,59,000/-. I will retain Rs.10,000/- as awarded by the Tribunal for loss to estate and funeral expenses and also provide for loss of consortium to the wife at Rs.5,000/- and loss of love and affection to each one of the children at Rs.5,000/-. The total amount of compensation that will become payable would be Rs.4,89,000/-. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. 3. As far as the enhancement, the mother and father will jointly take a 1/6th share immediately without any requirement of deposit and the remaining amount shall be divided equally between the widow and the minor children. The accident has taken place in the year 2002 and since I have adopted a multiplier of 17, I would direct that 60% of the amount due for the major claimants (other than claimants) shall be directed to be withdrawn and remaining 40% shall be kept in a deposit for a period of 8 years. It shall be divided equally into 8 shares and the first share shall be for one year, second for two years and so on upto 8 years. As regards the minor's share, any withdrawal of deposit will follow only subsequent to attaining the age of majority. FAO No.4414 of 2006 -3- 4. The Tribunal while disposing of the cases has already provided for a right of recovery to the insurer from the owner insured. The same direction will continue even as regards the enhanced portion of the award. 5. The appeal is allowed to the above extent. (K. KANNAN) JUDGE December 07, 2010 Pankaj*