F.A.O.NO. 2168 OF 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2168 OF 2007 Date of decision:14th December, 2010 Kalawati wife of late Shri Inder Singh son of Ram Sarup and others .......Appellants Versus Narain Dass and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. S.K.Verma, Advocate, for the appellants. Mr. Kunal Garg, AAG, Haryana for respondent Nos. 1 to 3. Mr. R.C.Kapoor, Advocate, for respondent No. 4-Insurance Company. 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 appeal is for enhancement of compensation for death of a Assistant Sub Inspector in Haryana Police who was posted in the office of Superintendent of Police, Yamuna Nagar at the time of death. The claimants were widow, son, unmarried daughter and a mother. The Tribunal had assessed the Income at Rs. 11,458/- per month, made a deduction of 1/3rd, took the dependency at Rs. 7,640/-, adopted a multiplier of 8 and determine compensation at Rs. 7,35,000/-. F.A.O.NO. 2168 OF 2007 2 2. Learned counsel seeks for reappraisal of compensation in the light of the decision of the Hon'ble Supreme Court in Sarla Verma Vs. Delhi Transport Corporation and another (2009) 6 SCC 121 and seeks for modification with reference to deduction towards personal expenses from 1/3rd to 1/4th and the choice of multiplier from 8 to 11. I accede to his pleas and redetermine the compensation as follows:- FATAL ACCIDENTS Age 53 years Occupation Assistant Sub Inspector Claimants Widow,son, unmarried daughter and a mother Heads of claim Tribunal High Court Sr. No. Amount(Rs) Amount(Rs) 1 Income 11458 11458 2 Add, % Increase 30% / 50% 3 Average monthly income x 12 4 Deduction ½, 1/3, ¼, 1//5 1/3rd 1/4th 5 Multiplicand 7640 x 12= 91,680 8594 x 12 = 1,03,128 6 Multiplier 8 11 7 Loss of dependence 7,33,440 11,34,408 8 Medical expenses 9 Loss of consortium for wife, and loss of love and affection for children 5000 + 2500 + 2500 10 Loss to estate and Funeral Expenses 5000 Total 7,35,000 11,49,408 3. The amount of compensation would become payable at Rs. 11,34,408/-. I will also add Rs. 15,000/- towards conventional heads. I would add Rs. 5,000/- towards loss of consortium, Rs. 5,000/- F.A.O.NO. 2168 OF 2007 3 towards loss to estate and funeral expenses and provide for Rs. 2,500/- to each of the children for loss of love and affection and I round it off at Rs. 11,50,000/-. The amount in excess over what has already been awarded by the Tribunal shall attract interest at 6% per annum from the date of the petition till the date of payment. The enhanced amount shall be distributed equally among all the claimants. 4. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 14th December, 2010 Shivani Kaushik