FAO No.4193 of 2005 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4193 of 2005 Date of Decision. 04.01.2011 Parveen Rani widow of Pawan Kumar son of Sant lal and others ......Appellants Versus Mangi Lal son of Ganga Dhar and others ......Respondents Present: Mr. Sukhwinder Singh, Advocate for Mr. Sanjeev Ghai, Advocate for the appellants. None for respondent Nos.1 and 2. Mr. Paul S. Saini, Advocate and Mr. Anuj Kumar, Advocate for respondent No.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 the 1st claimant's husband, who was said to be fisheries contractor and the claimants were widow and two minor children. The Tribunal took the income to be Rs.2,000/- in the absence of any documentary proof on his status as a fisheries contractor, adopted a deduction of 1/3rd and applied a multiplier of 12. It added Rs.5,000/- as loss of consortium and Rs.2,000/- as funeral expenses. 2. I will make a modification as regards the multiplier in terms of the judgment of the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121 and take the multiplier as 14. Even apart from loss of FAO No.4193 of 2005 -2- consortium at Rs.5,000/-, I will provide Rs.5,000/- to each one of the minor children towards love and affection. I will add Rs.2500/- towards loss to estate and provide for Rs.5,000/- as funeral expenses. The compensation assessed is tabulated as below:- FATAL ACCIDENTS Age 42 years Occupation Fisheries Contractor Claimants Widow and two minor children Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) 1 Income 2000 2000 2 Add, % of increase 30% / 50% 3 Average monthly income x 12 4 Deduction (1/2 , 1/3, 1/4, 1/5) 1/3rd 1/3rd 5 Multiplicand 6 Multiplier 12 14 7 Loss of dependence 1,92,000 2,24,000 8 Medical Expenses & Transportation -- -- 9 Loss of Consortium & love and affection 5000 15000 10 Loss to estate 11 Funeral expenses -- 2000 2500 5000 Total 1,99,000 2,46,500 3. The amount in excess over what has been determined by the Tribunal shall bear interest @6% from the date of petition till the date of payment. 4. The amount shall be distributed amongst the claimants equally and while first claimant shall be permitted to withdrawn her share, the amounts pertaining to the minor children shall be invested in a fixed deposit in a Nationalized Bank during the respective periods of their minority and shall be released on attaining the age of majority. The interest accruals shall be paid to the mother quarterly as a FAO No.4193 of 2005 -3- guardian for maintenance of children. 5. The appeal is allowed to the above extent. (K. KANNAN) JUDGE January 04, 2011 Pankaj*