FAO No.903 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.903 of 1991 DATE OF DECISION: January 20, 2011 SMT. GURDEV KAUR ...APPELLANT VERSUS RAMESH GARG AND 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? Yes ---- PRESENT: NONE FOR THE APPELLANT. MR. JITENDER KUMAR, ADVOCATE FOR MR. SAMARTH SAGAR, ADVOCATE FOR RESPONDENT NO.1. MR. NEERAJ KHANNA, ADVOCATE FOR RESPONDENT NO.2. NONE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of compensation for death of a bachelor at the instance of the parents. There has been no representation for the appellant for the last several hearings, but I would not dismiss it for default or adjourn the case to a future date only to await the appearance of counsel. 2. The Tribunal while determining the compensation took the income of the deceased at `800/-, provided for contribution to the family at `150/- and determined a compensation of `39,000/-. I would make a modification to provide for a contribution to the family at 50% and take the FAO No.903 of 1991 -2- monthly contribution to be `400/- and adopt a multiplier of 14 and find the loss of dependency at `67,200/-. I would also add `5000/- towards loss to estate and funeral expenses and the total compensation that will become payable will be `73,200/-. The Tribunal has already awarded compensation of `39,000/- and the amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. 3. The claim of compensation to the father has been denied on a finding that he was not a legal heir. The entitlement to claim compensation is on the basis of the dependency and a father is a dependent. The amount shall, therefore, be shared equally between both the claimants. The liability shall be in the same manner as determined by the Tribunal. 4. The appeal is allowed in the above terms. January 20, 2011 (K.KANNAN) Gulati JUDGE