FAO No.1704 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1704 of 2010 DATE OF DECISION: January 20, 2011 KIRNA & OTHERS ...APPELLANTS VERSUS SUGESH & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? Yes ---- PRESENT: MR. G.C. SHAHPURI, ADVOCATE FOR THE APPELLANTS. MS. ANITA SHARMA, ADVOCATE FOR RESPONDENTS NO.1 & 2. MR. RAVINDER ARORA, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of compensation for death of man who was 36 years of age. The claimants were widow and three minor children. The evidence of the claimants was that he was earning about `6000/- per month. The Tribunal rejected this contention and took the average earning to `3600/- per month in the absence of any documentary evidence. I will retain the same. Learned counsel for the appellants raised an objection regarding the choice of multiplier and the deduction for personal expenses and would seek for reappraisal in the manner laid down in Sarla Verma vs. DTC, reported as 2009 6 SCC 121. I would provide for a deduction of 1/3rd and take the contribution to the family at `2700/- per FAO No.1704 of 2010 -2- month. I would provide for a multiplier of 15 instead of 13 as adopted by the Tribunal and hold the loss of dependency at `4,86,000/-. The Tribunal has awarded `10,000/- for loss of consortium and the counsel seeks for an additional amount also for love and affection for children as well. I would take the amount at `20,000/- instead of 10,000/- as provided by the Tribunal that would include loss of love and affection for children as well. I would also provide for an additional amount of `5000/- for loss to estate and `2500/- for funeral expenses and find the total amount payable at, `5,13,500/-. The Tribunal has already awarded `3,85,000/- and the amount in excess shall attract interest @ 6% from the date of petition till the date of payment. The amount shall be distributed equally amongst all the claimants. 2. As there has been no direction for retention of any portion of amount in the Tribunal and therefore, whatever amount will be payable to the widow, as per the increased sum determined, shall be retained and deposited for another period of 5 years, having regard to the fact that I have adopted a multiplier of 15 and the accident had taken place in the year 2008. As regards the claim for minor children, the entire amount that goes to their respective shares will be retained during the minority and on attaining respective age of majority, 50% of the same shall be permitted to be withdrawn and the remaining 50% shall be invested for a further period of 5 years on the respective date of majority. Interest accruals on the amount deposited for the minor shall be paid quarterly in a year to the mother for the maintenance expenses. The amount shall be split-up into 5 equal shares, the first share shall be deposited for 1 year beyond the age of majority, the second for a period of 2 years and so on uptil 5 years. The case has seen its early end and I would place my FAO No.1704 of 2010 -3- appreciation to Mr. Ravinder Arora, Advocate for the Insurance Company for his quick and reasonable approach in the manner of disposal of the case. The appeal is allowed to the above extent. January 20, 2011 (K.KANNAN) Gulati JUDGE