FAO No. 5120 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 5120 of 2010 Date of decision January 3 , 2011 Amarjit Kaur and another ....... Appellants Versus Mr. Vinod Kumar and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Anant Kataria, Advocate for the appellant. **** 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. Notice of motion only to the Insurance Company. 2, At the asking of the Court, Mr. Ravinder Arora, Advocate accepts notice on behalf of the Insurance Company. 3. The appeal is for enhancement of compensation at the instance of parents of the deceased who was a bachelor. The contention was that he was earning Rs.3,000/-. The Tribunal took his earning to be Rs.2,000/- adopted a multiplier of 14 and instead of adopting a uniform multiplier assumed that he would have got married in 2-3 years and his contribution could have fallen in course of time, it took contribution for a period of 3 years @ of 1300/- and for the remaining period @ of Rs.700/- . For a period of 3 years a 3 multiplier was taken and for the remaining period a multiplier of 11 was taken. The Tribunal also provided for funeral expenses Rs.2,000/- and Rs.10,000/- for loss of love and FAO No. 5120 of 2010 2 affection to the parents and Rs.5,000/- on account of transportation charges for the dead body. Learned counsel states that the Tribunal was in error in taking the income only at Rs.2,000/- per month and that it should have been at Rs.3,000/-. I will have no difficulty in taking it to be Rs.3,000/- as income, I will instead apply a uniform formula for compensation in the manner suggested by the Hon'ble Supreme Court in Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121 and take the contribution to the family as Rs.1500/- per month taking 50% of his income and annual dependency at Rs.18,000/-. The parents were in the age of 50 to 55 years and the appropriate multiplier would have been 11. The loss of dependency would be Rs.1,98,000/- and would retain the amount of Rs.10,000/- towards loss of love and affection and Rs.5,000/- for transportation charges and Rs.2,000/- towards funeral expenses in the manner provided by the Tribunal. There shall be a marginal increase of Rs. 18,200/- in the manner referred to above. If the additional amount is paid within two months, there shall be no interest. Else, the additional interest at the rate of 6% from the date of petition till the date of payment. The liability and distribution of the award shall be as determined by the Tribunal. The appeal is allowed to the above extent. (K. KANNAN) JUDGE January 3 , 2011 archana