IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1018 of 2007 Date of decision:27.07.2010 New India Assurance Company Limited ....Appellant versus Krishana Devi and others ...Respondents II. FAO No.2771 of 2007 Smt. Krishna Devi and others ....Appellants versus Bhushan Kumar and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Paul S. Saini, Advocate, for the appellant in FAO No.1018 of 2007 and for respondent No.3 in FAO No.2771 of 2007. Mr. Sanjeev Sharma, Advocate, for respondents 1 to 6 in FAO No.1018 of 2007 and for appellants in FAO No. 2771 of 2007 Ms. Kamal Preet, Advocate, for respondents 7 and 8 and for respondents 1 and 2 in FAO No.2771 of 2007. ---- 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 two appeals arise out of the same accident, the appeal by the insurer on the issue of liability is addressed in FAO No.1018 of 2007, while FAO No.2771 of 2007 is by the claimants. As regards the FAO No.1018 of 2007 - 2 - claim for enhancement by the claimants, it is in evidence that the deceased was in an employment in a quasi government authority and he had a security of tenure. He was aged 41 years and employed as a tubewell operator drawing a salary of Rs.6,130/-. The Tribunal took the entire income applied 18 multiplier and arrived at a compensation. The choice of multiplier was clearly wrong but he may adopt the valuation as provided in Sarla Verma and others Versus Delhi Transport Corporation and another- 2009 ACJ 1298. The Court should have taken note of the future prospect of increase in income and applied a 30% increase. Having regard to the fact that there are six dependents, the Tribunal ought to have provided for a 1/4th deduction for personal expenses and treated the remaining as constituting the dependence of the family on the deceased. The appropriate multiplier should have been 14 and the total dependence must have been arrived at Rs.10,00,000/-. The conventional heads of claim of providing for loss of consortium which has already been granted by the Tribunal and would require therefore no modification. For loss of love and affection, I would estimate Rs.5,000/- each that would mean an additional Rs.20,000/-. I would provide for Rs.5,000/- towards loss to estate. In all, the amount that would become payable would be Rs.10,25,000/-. The sum in addition to what has been already awarded by the Tribunal shall bear interest at 6% from the date of the award of the Tribunal till the date of payment. The proportion at which the amount shall be distributed shall be in the same manner as it has been provided at the Tribunal. The amounts payable to the minor children shall remain in an appropriate fixed deposit with the FAO No.1018 of 2007 - 3 - nationalized bank and the children will be entitled to benefit of the interest accruals quarterly till they attain the respective ages of majority. The appeals filed by the claimants are party allowed in the manner referred to above. (K.KANNAN) JUDGE 27.07.2010 sanjeev