FAO No.3816 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3816 of 2011 (O&M) Date of Decision. 30.05.2011 Himachal Road Transport Corporation through its Managing Director, Challi, Shimla (owner of Bus No.HP-12-4159) and another ......Appellants Versus Darshan Kaur widow of Randhir Singh and others.....Respondents Present: Mr.Hitesh Pandit, Advocate for the appellants. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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. Delay in filing the appeal is condoned. 2. The appeal by the Transport Corporation challenging the award is on the issue of quantum and negligence. As far as the issue of negligence is concerned, the Tribunal had dealt with the evidence relating to eye witnesses and found that the accident had arisen only on account of the negligenct driving of the driver. I will find no reason to differ with such assessment and uphold the same. 3. As regards the quantum, the evidence of the wife of the deceased was that her husband was a matriculate and he was running a general store and selling milk and was earning Rs.12,000/- per month. At the trial, the claimant was able to produce the document showing that he was also running a Dhaba and STD and general store inside the Dhaba. The widow had produced photocopies of the recharge book FAO No.3816 of 2011 (O&M) -2- regarding PCO/STD and brought original register of a finance company to show that he was also a small time financier. Having several sources of income, the Tribunal found that he could have earned Rs.7,500/- per month and after providing for 1/3rd deduction for his personal expenses, assessed the monthly contribution to the family at Rs.5,000/-. The contribution to the family comprising of his wife, two minor children and mother at Rs.5,000/-, for a person who was reasonably well settled in life at 37 years of age, cannot be said on higher side. It applied a multiplier of 15 suitable to the age of the deceased and assessed the compensation at Rs.9,12,000/-. 4. I will find the Tribunal's assessment as appropriate and just and find no reason to interfere with the same. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE May 30, 2011 Pankaj*