IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2388 of 2000 (O&M) Date of decision:16.12.2010 Ballo and others ....Appellants versus Pardeep Kumar Sharma alias Babli Sharma and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Jagdish Manchanda, Advocate, for the appellants. None for respondents 1 and 2. Mr. Abhishek Goyal, Advocate, for Mr.Pardeep Goyal, Advocate, for the Insurance Company-respondent No.3. ---- 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. It is represented by the counsel for the appellant that the case in FAO No.2388 of 2000 is not connected with the other cases namely FAO No.1309, 1980 of 1999 and 1653 of 2000. It is, therefore, detached from the other cases and the above case is alone disposed of on merits. 2. The appeal is for enhancement of compensation for death of a casual labourer, who was 30 years old, and died leaving behind the wife, 5 minor children and his aged parents. The Tribunal assessed the income at Rs.1,500/- per month, provided for a deduction of 1/3rd, took the dependency at Rs.1,000/-, adopted a multiplier of 16 and determined a compensation of Rs.1,94,000/-. FAO No.2388 of 2000 (O&M) - 2 - 3. By applying the yardstick as laying down by the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298, I will retain the income at Rs.1,500/- but, however, provide for a larger contribution to the family as payable in a case where there were 8 dependents, I will, therefore, make a deduction of 1/5th for personal expenses and take the contribution to the family at Rs.1,200/- per month. I will adopt a multiplier of 17 and take the loss of dependency at Rs.2,44,800/-. I will also provide for loss of consortium to the wife at Rs.5,000/- and to each one of the children at Rs.2,500/- as loss of love and affection. There shall be an award for loss to estate which I will fix at Rs.2,500/- and retain the funeral expenses at Rs.2,000/-. In all, the total compensation will be Rs.2,66,800/-. 4. The amount in excess over what has been awarded already by the Tribunal shall attract interest at 6% from the date of petition till date of payment. 5. The total amount of compensation shall be shared amongst the children and the widow equally and each having a 1/7th share and the parents taking together another 1/7th share. As regards the minors' share, they will be retained in deposit in a nationalized bank till the age of majority and interest accruals shall be paid to the mother once in three months for maintenance of the children. 6. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 16.12.2010 sanjeev