FAO No.1372 of 1992 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH X Obj No.65-CII of 1993 and FAO No.1372 of 1992 Date of Decision. 11.02.2011 Punjab State through its Collector of the District Bathinda and others ......Appellants Versus Manjit Kaur wd/o Balbir Raj deceased s/o Ram Chand and others .....Respondents Present: Mr. H.S. Gill, DAG, Punjab for the appellants. Mr. Jasmeen Deep, Advocate for Mr. Anupam Gupta, Advocate for the respondents-cross objectors. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? Yes 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. The appeal is by the Punjab Roadways against an award passed by the Tribunal determining a compensation for death of a Conductor in the bus that had caught fire and the Conductor himself got immolated in the process. The appeal is on the ground that the fire was due to a latent defect and therefore, there was no negligence on their part. 2. Even if there had been a latent defect in a case where a workman dies in the course of his employment, the owner of the vehicle would still be responsible for the death resulting in the course of his employment. The appeal is frivolous and an attempt of the State to dislodge a claim arising out from the representatives of the workman is a needless exercise undertaken by the State. I shall not, therefore, FAO No.1372 of 1992 (O&M) -2- enter into a discussion of whether there had been a latent defect or not. Even the plea that there had been a mechanical failure is an irresponsible plea, for the owner had not produced before the Court the log-sheet relating to maintenance of the bus to contend that the vehicle was kept in a state of repair. 3. The award is confirmed and the appeal is dismissed. 4. There is also a cross objection for enhancement of claim for the death. The deceased was a Conductor, aged 28 years and the claimants were his widow, two minor sons and the mother of the deceased. He was earning Rs.1010/-. I would provide for 50% increase and take the average salary to be Rs.1515/-. Applying a 1/4th deduction of personal expenses, the contribution to the family would be Rs.13625/-. I will adopt a multiplier of 17 and take the extent of loss of dependence at Rs.2,31,795/-. I will add another Rs.18,305/- towards the conventioal heads of claim for loss of consortium to the wife, loss of love and affection to the minor sons, loss to estate and funeral expenses to round off the claim at Rs.2,50,000/-. The amount in excess over what has been awarded by the Tribunal shall attract interest @6% from the date of the petition till the date of payment. The increased amount of compensation shall be paid to the widow and the children only. 5. The cross objections are allowed to the above extent. (K. KANNAN) JUDGE February 11, 2011 Pankaj*