IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.633 of 1993 (O&M) Date of decision:16.11.2010 Smt. Veena Gautam and others ....Appellants versus Charan Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Maharaj Kumar, Advocate, for the appellants. Mr. Sanjiv Pabbi, Advocate, for respondent No.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 by the claimants is for enhancement on the ground that the deceased was a LIC agent and there was documentary proof to show that he was earning Rs.31,000/- one year before his death and on the year of death, he was earning Rs.97,000/-. The income statement had been produced but they had been discarded by the Tribunal on the ground that a person, who was otherwise said to be selling pan and beedi in a khoka at the bus stand could not have spared time to earn that much. I find the reasoning to be improper and would take the entire amount as found in the document produced by the FAO No.633 of 1993 (O&M) - 2 - claimants as duly proved and take the annual income to be Rs.97,000/- and make a deduction of 10% as income tax. The Tribunal has not provided for loss of consortium and love and affection for the children nor has it made appropriate provision for loss to estate and funeral expenses. I will take Rs.15,000/- as loss of consortium and love and affection for the children @ Rs.2,500/- for each one of the children and take the loss to estate at Rs.5,000/- and funeral expenses at Rs.2,500/-. I will adopt a multiplier of 15 instead of 16 which was taken by the Tribunal. In the manner of reckoning, I have adopted the formula given by the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298. 2. I tabulate the claim for compensation for the claimants as follows:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) 1. Income less IT 1240 87,300 2. Add,% of increase 30%/50% - - 3. Average monthly income x 12 4. Deduction ¼ 5. Multiplicand 12,000 65,475 6. Multiplier 16 15 7. Loss of dependence - 9,82,125 8. Medical expenses - - 9. Loss of consortium - 15,000 10. Loss to estate - 5,000 11. Funeral expenses - 2,500 Total 2,88,000 10,04,625 3. The amount in excess over what was determined by the Tribunal shall attract interest at 6% from the date of petition till date of FAO No.633 of 1993 (O&M) - 3 - payment. The amount will be shared equally between the wife and the claimants. 4. The award is enhanced as above and the appeal is allowed to the above extent. (K.KANNAN) JUDGE 16.11.2010 sanjeev