F.A.O.NO. 1269 OF 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1269 OF 1995 Date of decision:13th December, 2010 Smt. Madhu Devi and others .......Appellants Versus Vinod Kumar and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Sudhir Aggarwal, Advocate, for the appellants. None for respondent Nos. 1 and 2. Mr. Suman Jain, Advocate for respondent No. 3. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The claim for enhancement of compensation is on the basis that the Tribunal has not properly assessed the income and the extent of dependence to parents. There was evidence to the effect that the deceased was working as a cleaner in the truck obtaining salary of Rs. 1,800/- per month but the Tribunal took the income at Rs. 1,500/- per month. Having regard to the fact that the deceased was a bachelor, the Tribunal took the loss of contribution to the family at Rs. 1,000/- per month for three years and therefore, the loss for three F.A.O.NO. 1269 OF 1995 2 years to be Rs. 36,000 (1000 x 12 x 3 = 36,000) and took the multiplier of 13 at the rate of Rs. 300/- per month(36,000 x 13 = 46,800). The differential multipliers discards the element of homogeneity in approach and I would apply the formula as provided under Schedule II as applicable for a person who was in a low income group at Rs. 1,800/- per month. I will therefore, take a deduction of 1/3rd and provide for Rs. 1,200/- as a monthly contribution and adopt a multiplier suitable to his age at 16 which would be Rs. 2,30,400/-. I will add Rs. 2,500/- towards loss to estate and Rs. 2,000/- as funeral expenses and determine Rs. 2,34,900/- as amount of compensation that will become payable. The tabulated form of these calculations are as under:- FATAL ACCIDENTS Age 20 years Occupation Conductor Claimants parents Heads of claim Tribunal High Court Sr. No. Amount(Rs) Amount(Rs) 1 Income 1500 1800 2 Add, % Increase 30% / 50% 3 Average monthly income x 12 4 Deduction ½, 1/3, ¼, 1//5 1/3rd 1/3rd 5 Multiplicand 1000 x 12= 12000 1200 x 12 = 36,000 6 Multiplier 12000 x 3= 36000 36000 x 13= 46800 16 7 Loss of dependence 36000 + 46800 2,30,400 8 Medical expenses --- ----- F.A.O.NO. 1269 OF 1995 3 FATAL ACCIDENTS 9 Loss of consortium for wife and love and affection for child --- 10 Loss to estate --- 2500 11 Funeral Expenses .... 2000 Total 82,800 2,34,900 2. The amount in excess over what has already been awarded by the Tribunal shall bear interest at 6% from the date of the petition till the date of the payment. 3. The appeal is allowed to the above extent only. [K.KANNAN] JUDGE 13th December, 2010 Shivani Kaushik