FAO No.3780 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3780 of 2009 DATE OF DECISION: January 10, 2011 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. ...APPELLANT VERSUS UGAM SINGH & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement. No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. SUBHASH GOYAL, ADVOCATE FOR THE APPELLANT. MS. AMRITA NAGPAL, ADVOCATE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The appeal is at the instance of the insurance company on a plea that the Tribunal was in error in taking the entire income as constituting a dependency without making a deduction of personal expenses. While assessing the compensation the Tribunal shall apply definite legal parameters established through the decision in Sarla Verma vs. DTC, reported as 2009 6 SCC 121. The deceased was 20 years of age and the claimants were parents, whose age were in the range of 45. I would provide for a 50% deduction and take the income as `2425/- and adopt a multiplier of 14 and find the loss of dependency at `4,07,400/-. I would add towards conventional heads of claim another `10,000/- and take the total amount of compensation payable at `4,17,400/-. The amount as awarded by the Tribunal in excess shall be set aside and interest on the amount determined shall be at @ 7.5% as determined by the Tribunal. FAO No.3780 of 2009 -2- 2. At the stage of directing notice, this Court has directed 40% of the amount to be stayed. The amount that has been deposited at the appellate Court shall be transmitted to the credit of the case before the Tribunal and shall be permitted to be withdrawn to the extent of which the award remains unsatisfied. 3. The award is modified and the appeal is allowed to the above extent. January 10, 2011 (K.KANNAN) Gulati JUDGE