FAO No. 5347 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 5347 of 2010 Date of decision March 10 , 2011 Smt. Malti Devi and others ....... Appellants Versus Krishan Kumar and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. S. S. Khurana , Advocate for the appellant. Mr. Rahul Wadhera , Advocate for Mr. Ashwani Talwar, Advocate for respondent No.3. None for respondent Nos.1 and 2. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 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 for enhancement for claim of compensation for death of a male aged 24 years. The claimants were widow, one minor daughter, one minor son and parents and the Tribunal took the income to be 7,000/- made a deduction of 1/3rd and awarded a compensation of 8,96,000/-. 2. Learned counsel for the appellant seeks for reappraisal in the light of the law laid down by the Hon'ble Supreme Court in Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121 making a provision for increase in the salary and providing for lesser deduction of 1/4th and adopt a multiplier of 18 suitable to age. I cannot accept the plea that a provision for increase is possible in FAO No. 5347 of 2010 2 all types of employment. Government service is different in that it provides some constitutional guarantee against termination of service except by a procedure laid down by law and there is also basis of periodical increase through recommendation of Finance Commission. This is not to state that in cases of private employment there shall be no provision for increase. It is a matter of evidence that would require to be given. While in public employment it is a matter of necessary inference through constitutional provision as regards security of term and possibility of increase in salary in respect of private employment, it would require to be specifically established. I therefore proceed to reappraise the compensation and tabulate the same in the light of the decision of the Hon'ble Supreme Court in Sarla Verma's case (supra). Age 24 Occupation Claimants one minor daughter, one minor son and parents S.No. Heads of Claim Tribunal High Court 1 Income `7,000/- `7800/- 2 Deduction 1/3rd 1/4th 3 Multiplier 16 18 4 Loss of dependency `12,63,600/- 5 Loss of consortium `15,000/- 6 Loss to estate `5000/- Total `8,96,000/- `13,92,400/- The amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The increase in compensation shall be shared equally between the widow and children. The liability shall be in the same manner as determined by the Tribunal. 3. The accident has taken place in the year 2008 and I have adopted a multiplier of 18. While the share of parents already FAO No. 5347 of 2010 3 determined could be permitted to be withdrawn in full, 25% of the compensation shall be released in the name of the first claimant-widow and the remaining 75% shall be invested for a period of 15 years split into 15 shares and the first share will be deposited for a period of 1 year, second for a period of two years and so on for 15 years. As far as the minor's share is concerned they shall be retained in deposits during the entire period of minority and the interest accumulations shall be paid to the mother quarterly. In the manner of deposit, it is expressly directed that the bank shall remit it to the account of the claimant which shall be newly opened, if the claimant already has not an account with the bank and the amount shall be transferred as and when the amounts obtain maturity. The transfer to the account of the respective claimants and credit given shall be duly communicated to the Tribunal. It shall not be necessary that any specific application be filed before the Tribunal for permission to withdraw the amounts as and when they mature. The original deposit shall be retained by the Tribunal and no loan or pre-mature withdrawal shall be issued against any deposit. These directions are given as a measure of safety for the deposit as well as to make the procedure simpler for persons to secure the amount which are matured without having to route the application through Tribunal for payment. The Court on its administrative side shall ensure that it obtains periodically the best investment options with the Nationalized Bank for securing the maximum returns for such deposits. 4. The appeal is disposed of in the aforesaid manner. (K. KANNAN) JUDGE March 10 , 2011 archana