FAO No. 515 of 1990 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 515 of 1990 Date of decision March 10 , 2011 Smt. Gian Bai ....... Appellant Versus Krishan Sudama and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Anil Khetarpal, Advocate for the appellant. Mr. Neeraj Khanna , Advocate for Mr. Ravinder Arora, Advocate for respondent No.3. None for respondent Nos. 1, 2,4 and 7. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is for enhancement of claim for compensation for death of a male aged 50 years. The claim was made by the wife and two sons who are majors. The Tribunal assessed a compensation of `15,000/- that included medical expenses, transportation and funeral expenses. He did not allow for any loss of dependency on the ground that he was himself dependent on his sons and hence no income was necessary. The widow was also a claimant and the decision without making provision for loss of dependency was clearly wrong. He had 1 ½ Killas of land and the evidence was that sons were cultivating the same FAO No. 515 of 1990 2 after his death. The estate ought to have survived to all the claimants. I would take contribution to the family per month particularly the widow at `500/- having regard to the fact that the accident took place in the year 1988 and also provide for notional heads of claim such as loss of consortium to the widow and loss to estate. I will also retain the other heads of claim already awarded by the Tribunal. The over all compensation of `76,500/- as tabulated below:- Age Occupation 60 Claimants Widow, 2 sons S.No. Heads of Claim Tribunal High Court 1 Loss of dependency `54,000/- 2 Medical expenses `10,000/- `10,000/- 3 Transport charges `1,000/- 4 Loss of consortium `1,000/- `5,000/- 5 Loss to estate `2,500/- 6 Funeral expenses `4,000/- `4,000/- Total `15,000/- `76,500/- The amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The amount shall be paid to the ratio of 3:1:1 between the widow and two sons. The liability shall be in the same manner as determined by the Tribunal. The appeal is allowed to the above extent. (K. KANNAN) JUDGE March 10, 2011 archana