FAO No.1804 of 1993 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. FAO No.1804 of 1993 DATE OF DECISION: February 11, 2011 KIRPAL KAUR AND OTHERS ...APPELLANT VERSUS KAUR SINGH AND ANOTHER ...RESPONDENT PRESENT: NONE FOR THE APPELLANTS. NONE FOR RESPONDNET NOS.1. MR. PAUL S. SAINI, ADVOCATE FOR RESPONDENT NO.2. 2. FAO No.630 of 1994 KAUR SINGH ...APPELLANT VERSUS KIRPAL KAUR AND OTHERS ...RESPONDENT CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: NONE FOR THE APPELLANT. NONE FOR RESPONDNET NO.1 TO 4 MR. PAUL S. SAINI, ADVOCATE FOR RESPONDENT NO.5. K.KANNAN, J.(ORAL) 1. This judgement shall dispose of FAO No.1804 of 1993 and FAO No.630 of 1994, as both these appeal arise out of common impugned order. 2. Appeal FAO No.630 of 1994 is for enhancement of claim of compensation for death of first claimant's husband and FAO No.630 of 1994 is by the driver-owner of the offending vehicle against the award FAO No.1804 of 1993 -2- under which the entire liability to pay the compensation was cast on him. 3. The deceased was Field Assistant with the Forest Corporation and drawing a salary of `1688/-. The Tribunal assessed the dependency at 800/- and assessed the compensation of `1,53,600/-. The claimants were widow, two minor children and mother of the deceased. I will re-assess the compensation in the light of law laid down by the Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121, by making appropriate provision for a prospect of increase in salary, size of contribution to the family of four persons and also provide the conventional heads of claim. The amount is tabulated as below:- Fatal Accidents Age: 32 Occupation Field Assistant, Forest Corp. Claimants Wife, 2 minor children, mother Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 1668 2. Add % of increase 2502 3. Deduction (1/2,1/3, 1/4, 1/5) 1/4 4. Multiplicand - Tax 800x12 1876.50x12 5. Multiplier 16 6. Loss of Dependence 3,60,288 7. Medical Expenses 8. Loss of Consortium + loss of love and affection 12,500 9. Loss to Estate 5000 10. Funeral Expenses 2500/- Total 1,53,600/- 3,80,288/- 4. The amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. FAO No.1804 of 1993 -3- 5. The amount of increase shall be distributed amongst the wife and children only. 6. The liability shall be in the same manner as determined by the Tribunal. The appeal is allowed to the above extent. 7. There is no representation on behalf of the appellants. A copy of the order shall be despatched to the first claimant directly by the Registry. 8. FAO No.1804 of 1993 is allowed and FAO No.630 of 1994 is consequently dismissed. February 11, 2011 (K.KANNAN) Gulati JUDGE