FAO No.2213 of 1995 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2213 of 1995 Date of Decision.09.12.2010 Smt. Birhami Devi wife of Shri R.S. Malik, and another ......Appellants Versus Shri Jagdev Singh son of Shri Anant Ram and others ......Respondents Present: Mr.J.C. Puri, Advocate for the appellant. None for respondents No.1 and 2. Mr. R.K. Bashamboo, Advocate for respondent No.3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 filed at the instance of the claimants, who are the parents. The case has come up before Lok Adalat on several occasions but ultimately it has not been settled and when it is posted for hearing, there is no representation on behalf of the appellants. Although I would have felt inclined to dismiss it in default of appearance and non prosecution, I proceed to examine the case on merits with the assistance of counsel for the insurance company. 2. The deceased was a person aged 28 years and he was said to have been employed in Mid Fields School, New Delhi and was getting a salary of Rs.3250/- per month. He was also doing some additional FAO No.2213 of 1995 -2- tuition work and was getting an additional income of Rs.1,000/- per month. The Tribunal took the monthly contribution to the family at Rs.1100/- and assessed the compensation of Rs.1,58,400/-. 3. I would re-assess the compensation in view of the formula set down in Sarla Verma Vs. DTC 2009(6) SCC 121 by the Hon'ble Supreme Court and as explained in Shakti Devi Vs. New India Assurance Company Limited and another decided in Civil Appeal No.3660 of 2006 on 09.11.2010. Having regard to the fact that he was working in a school and in future having definite prospects of increase in salary, I would provide for a 50% increase on Rs.3250/- and take the average salary at Rs.4875/-. I would provide for 50% deduction towards personal expenses and take the contribution to the family at Rs.2438/-. The annual dependence shall be taken as Rs.29,256/- and I would take the multiplier suitable to the age of the younger claimant namely mother as 13. The loss of dependence would be Rs.3,80,328/-. I will provide for Rs.5,000/- towards loss to estate and Rs.2500/- towards funeral expenses. The total compensation that will become payable would be Rs.3,87,828/-. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. 4. The appeal is allowed to the above extent. (K. KANNAN) JUDGE December 09, 2010 Pankaj*