IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1291 of 1992 (O&M) Date of decision:25.01.2011 Smt. Shakuntla Devi Bhatnagar (deceased) through her LRs ....Appellants versus Shri Satya Pal and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. K.G.Chaudhry, Advocate, for the appellants. Mr. Navjot Sidhu, Advocate, for Mr.Shishpal Laler, Advocate, for respondent No.1 Mr. Raj Kumar Bashamboo, Advocate, for respondent No.2. ---- 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 was filed against the dismissal of the petition for compensation for death of a person, who was a teacher in a government school. She was aged 50 years and was said to be earning Rs.3,492/-. The claim had been prosecuted by the mother of the deceased. 2. The case was dismissed on the ground that the claimant had not established the negligence of the driver of the canter truck, which was involved in the accident. The fact of accident had not been denied. The deceased was a pedestrian and after hitting the pedestrian, the FAO No.1291 of 1992 (O&M) - 2 - vehicle stopped hitting an electric post. I would take this as establishing the negligence of the driver and set aside the finding that the negligence had not been proved. 3. Even as regards the finding that the mother had not proved the dependence on her daughter, a mother is in law a dependent on a daughter when her husband had already died and she was a widow. I would take the monthly dependence of the mother on the daughter at 50% and take at Rs.1,746/-, adopt a multiplier of 5 and take the loss of dependency at Rs.1,04,760/-. I will provide for medical expenses and loss to estate to such sums to make up the figure at Rs.1,10,000/-. This amount of compensation shall also bear interest at 7.5% from the date of petition till date of payment. 4. It appears that the mother herself had died during the pendency of the appeal and the legal representatives have been added. The legal representatives will be entitled to the amount as representatives to the estate of the mother. The liability shall be on the Insurance Company. 5. The award of the Tribunal is set aside and the appeal is allowed to the above extent. (K.KANNAN) JUDGE 25.01.2011 sanjeev