FAO No. 3259 of 1999 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 3259 of 1999 Date of decision March 25 , 2011 Smt. Shanti Devi and others ....... Appellants Versus Ranbir Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ashit Malik, Advocate for the appellants. None for respondent No.1. Mr. Kunal Garg , AAG., Haryana for respondent No.2 and 3. **** 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 claim for compensation for death of a male aged 40 years. The claimants are widow and three children. He was said to be an agricultural labourer having 10 acres of land for which copy of jamabandi had been produced in proof of the same. He was also said to have taken on lease 8 acres of land for `1,20,000/- for two years. The lease receipt was filed in Court and it was proved through the land owner PW-3 Hukan Chand . The Tribunal took the extent of dependency at 2,000/- and adopted a multiplier of 16 to provide compensation `3,92,000/-. 2. Learned counsel argues that the extent of dependency at `2,000/- was grossly low. In matters relating to assessment FAO No. 3259 of 1999 2 of dependency for agriculturalist the appropriate yard stick will be the loss of supervisory skills occasioned by the death of the person who was the owner of agricultural lands. The entire income from agricultural land cannot be factored since the land was still available and it could generate income. Having regard to the fact that the documents were proved to show that he was cultivating 8 acres of land for an annual land of `60,000/-. I will understand that at least `30,000/- would be realised as owner's share of income. He had his own agricultural land. It is not possible to infer whether the same extent of land is always available for giving it on lease. I will take the loss of supervisory skills for about 10 acres of land at `3,000/- per acre and provide for like amount of `30,000/- as the value of his supervisory skills could have earned income which could have loss to the family by agricultural operations through lease. I will take the annual loss to be `60,000/- provide for a 1/4th deduction and take the contribution to the family at `45,000/-. I will adopt a multiplier of 15 against 16 adopted by the Tribunal. I will retain `8,000/- determined by the Tribunal towards conventional heads of claim. The total amount of compensation will be `6,83,000/- and the amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The additional amount of compensation will be distributed equally amongst the widow and children. The liability shall be in the same manner as determined by the Tribunal. The award is modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE March 25, 2011 archana