FAO No. 178 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 178 of 2011 Date of decision April 4, 2011 Parvesh Rani and others ....... Appellants Versus Jasmer Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Surinder Singh Walia, Advocate for the appellants. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is for enhancement of claim for compensation for death of a male aged 40 years. The claimants were widow , three minor children and mother. The claimant contended that the deceased was working as a security guard in Oswal Industries and used to earn `5,000/- per month. No evidence was adduced as regards his status as Security guard nor was there any proof that he was earning `5,000/- per month. The Tribunal, therefore, took the annual income at `3,000/- provided for 1/4th deduction for personal expenses and adopted a multiplier of 15 to determine the loss of dependency at `4,72,500/-. Learned counsel states that even an unskilled worker earns more than `3,000/- and therefore, income adopted by the Tribunal must be enhanced. I cannot FAO No. 178 of 2011 2 accede to this plea for the best of the evidence to establish what he was claiming for was not before Tribunal and if it was making an appreciation of the average income at `3,000/-, I cannot find the approach of the Tribunal to be wrong. The choice of multiplier was also in accordance with the scales of compensation suggested by the Hon'ble Supreme Court in Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121. The Tribunal had provided for `20,000/- for medical expenses and transportation against the claim of `25,000/- made by the appellant under the said head. It also provided `5,000/- for loss to estate, `10,000/- for loss of consortium which I would understand as going towards love and affection and it also provided `5,000/- for funeral expenses. The over all compensation of `5,12,500/-, in my view, is appropriate and just and there is no scope for interference in appeal. 2. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE April 4, 2011 archana