FAO No.1375 of 1994 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1375 of 1994 (O&M) Date of Decision: 31.05.2011 Dayawati and others ... Appellants Versus Om Parkash and others ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Akshay Jain, Advocate and Mr. S.K. Jain, Advocate, for the appellants. Mr. Kunal Garg, AAG, Haryana, for respondents No.2 and 3. None for respondents No.1 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 for enhancement of claim for compensation for death of a male aged 42 years, who was employed in Medical College and Hospital, Rohtak. The claimants were widow and two sons one of whom was unemployed and the other was said to be studying in the college. While assessing the compensation, the Tribunal took the monthly dependency at `1,000/-, applied a multiplier of 12 and assessed the compensation at `1,44,000/-. 2. The claimants filed documents to show that in terms of the Pay Commission's recommendation, salary had been raised in the year 2002 with retrospective effect and, therefore, the same must have been given effect. I accept the plea and make a provision for 30% increase and take the average FAO No.1375 of 1994 (O&M) -2- salary at `2,719.60. I will make a provision for deduction of 1/3rd for personal expenses and take `1813.90 as contribution to the family. I will adopt multiplier of 14 and take the loss of dependency at `3,04,595/-. I will further make an addition of `5,000/- for loss of consortium and an addition of `5,000/- for loss of estate and funeral expenses. The total compensation will be `3,14,595/- rounded off at `3,14,600/-. The amount shall be distributed amongst the widow and two sons who were majors in the ratio of 2: 1: 1. One of the sons, namely Parminder Singh has died and hence his LRs will be entitled to the share of the deceased in the manner provided above. The liability shall be in the same manner as provided by the Tribunal. The amount in excess of what has been determined by the Tribunal shall also attract interest @ 6% p.a. from the date of petition till the date of payment. 3. The award stands modified and the appeal is allowed to the above extent. MAY 31, 2011 ( K. KANNAN ) Rajan JUDGE