IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross Objection No.54-CII of 1998 in/and FAO No.1468 of 1991 (O&M) Date of decision:20.01.2011 United India Insurance Company Limited ....Appellant versus Ved Parkash and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Inderjeet Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellant. Mr.S.S.Kamboj, Advocate, for Mr. Raman Walia, Advocate, respondents 1 to 5/Cross-Objectors. Mr. Kunal Garg, AAG, Haryana, for respondents 6 and 7. None for respondent No.8. ---- 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 at the instance of the Insurance Company challenging the quantum. There is also a cross-objection by the claimants for enhancement of compensation. The claim arose out of a death of a student, who had passed +2 and was looking for admission to a graduate course. At the time of trial, it was stated that he was assisting his father in his business. The Tribunal took the dependency of the parents and the sister on the son as Rs.500/- per month, adopted a Cross Objection No.54-CII of 1998 in/and FAO No.1468 of 1991 (O&M) - 2 - multiplier of 16 and provided for a compensation of Rs.96,000/-. I do not find any scope for making any large scale revision of claim for compensation to meet the cross objection filed by the claimants. The other method of looking at the whole scheme of compensation is to provide for a notional income for a person, who was still a student, at Rs.15,000/- and provide for a multiplier that will be suitable to the age of the parents. The father was aged 48 years and the appropriate multiplier would have been 13. Even if I were to take the loss of dependency at 50%, it would mean the loss of dependency would be Rs.97,500/- (15,000 x 1/2 x 13=97,500/-). I would also make further provision of an amount of Rs.5,000/- towards loss to estate and funeral expenses. The overall sum would be Rs.1,02,500/-. The amount in excess of what has been determined by the Tribunal already, shall bear interest at 6% from the date of petition till date of payment. The entitlement shall be only on the parents and the same shall be distributed equally between them. The appeal by the Insurance Company challenging the quantum is dismissed as not maintainable and the cross objection is allowed by making a modest increase referred to above. (K.KANNAN) JUDGE 20.01.2011 sanjeev