IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.827 of 1990 (O&M) Date of decision:14.01.2011 Gurdarshan Singh and another ....Appellants versus Gurbachan Singh and others ..Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Abhaypal Singh, Advocate, for Mr. Vivek Goel, Advocate, for the appellants. None for respondents 1 and 2. Mr. D.P.Gupta, Advocate, for the Insurance Company. ---- 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 person, who was 18 years of age and was studying in +2. The Tribunal awarded Rs.15,000/- as compensation payable. I am of the view that the compensation was grossly low and inadequate. I would take the notional income of the girl to be Rs.10,000/- per year, deduct 1/3rd and for a person, who was aged 18 years, I would adopt a multiplier of 16 and take the loss of dependency at Rs.1,06,764/- and provide for further sum towards the conventional heads of claim to the tune of Rs.8,236/- to make the claim at Rs.1,15,000/- which will carry interest @ 6% from the date of petition till date of payment. FAO No.827 of 1990 (O&M) 2. As regards the liability, the Tribunal found that the driver of the vehicle had merely a fake driving licence. The Insurance Company could not have been totally exonerated on such a basis for any violation of terms of policy, I would have still make possible for a recovery against the insurer and for the insurer to have a right of recovery from the insured. The liability shall be, therefore, on the Insurance Company and for a finding rendered that the licence was fake, the Insurance Company shall be entitled to recover the same after satisfying the award, from the insured. 3. The award of the Tribunal is modified to the above extent and the appeal is allowed on the above terms. (K.KANNAN) JUDGE 14.01.2011 sanjeev