FAO No.929 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.929 of 2003 Date of Decision.16.12.2010 Santosh widow of Shri Manphool and others ......Appellants Versus Dharam Pal son of Shri Tek Ram and others ......Respondents Present: Mr. Rakesh Lathwal, Advocate for the appellant. Mr. Kunal Garg, AAG, Haryana for respondent Nos.1 to 3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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. The appeal is for enhancement of compensation for death of a Conductor in Haryana Roadways aged 44 years. The claimants were widow, son and two minor daughters. The salary proved on record was Rs.6,108/-. The Tribunal had provided for 1/3rd deduction and adopted a multiplier of 15. It provided for Rs.5,000/- for loss of consortium and Rs.5,000/- for funeral expenses and determined a compensation of Rs.5,50,000/-. 2. I will reappraise the compensation in terms of the judgment of the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121 and take a 30% increase as a definite prospect and take the average income to be Rs.7940/-, make a deduction of 1/4th for FAO No.929 of 2003 -2- personal expenses and take the contribution to the family at Rs.5955/-. I will adopt a multiplier of 14 that would take the loss of dependence at Rs.10,00,440/-. I will retain the loss of consortium provided at Rs.5,000/- for the widow and Rs.5,000/- towards funeral expenses. I will also add Rs.2500/- for loss of love and affection for each one of the minor children and make a further addition of Rs.5,000/- towards loss to estate. The total compensation that will become payable would be Rs.10,20,400/-. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. 3. The accident had taken place in the year 1999 and I have adopted a multiplier of 14 in the case having regard to the age of the deceased. It is represented by the counsel that both the minors have become major now. 80% of the enhanced amount shall be paid to them and the remaining 20% will be kept in a Nationalized Bank for a period of three years, split into three shares, first share for one year, second for two years and third share for three years and they shall be paid on their respective dates of maturity to the claimants. 4. The appeal is allowed to the above extent and the liability shall be as determined by the Tribunal. (K. KANNAN) JUDGE December 16, 2010 Pankaj*