FAO No. 943 of 1987 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 943 of 1987 Date of decision February 1, 2011 Sanjiv Raj Bawa and another ....... Appellant Versus Prince Bus Tansport Company and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Jasbinder Singh, Advocate for Mr. Atul Lakhanpal, Senior Advocate for the appellant. Mr. R. M. Suri , Advocate for respondent No.3-Insurance Company. Mr. Inderjit Sharma, Advocate and Mr. Pardeep Bedi, Advocate for respondent No.5. None for respondent Nos.1,2 and 4. **** 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 against the dismissal of the claim petition for compensation for death of parents of the claimants. There were two independent cases but the petitions were dismissed on a reasoning that the son was 19 years of age being a major he could not be dependent and as regards the daughter she was 17 years of age and she got married during the pendency of proceedings and therefore she could not be said to be dependent. The dismissal of the petition for proven case of negligence established against the bus driver was clearly wrong. Both father and FAO No. 943 of 1987 2 mother were income tax assessees and they were said to be associated with M/s Shree Ram Industries and the contention of the claimants was that the father used to be giving `3,000/- for their education and other expenses. The deceased father was 42 years of age and mother was 36 years of age. The father was a proprietor of Shree Ram Industries whereas mother was the proprietor of M/s Palar Agencies and therefore their income was said to be more than `1,00,000/-. I will take the dependency of the claimants at `3,000/- having regard to the higher economic and social status of the deceased and adopt a multiplier of 14 to find the loss of dependency at `5,04,000/-. I will add an additional amount of `11,000/- towards funeral expenses and loss to estate and round off the claim to `5,15,000/-. The amount shall be distributed between the claimants equally. This appeal shall be taken as the appeal against the order of dismissal for death of the father. The amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 7.5% per annum from the date of petition till the date of payment. The appeal is allowed to the above extent. (K. KANNAN) JUDGE February 1, 2011 archana