IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3719 of 1999 (O&M) Date of Decision: 03.03.2011 Smt. Bimla and others ........Appellants Versus Raj Kumar and others .......Respondents CORAM:- HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Anil Ghanghas, Advocate for the appellants. Mr. D.P.Gupta, Advocate for respondent No.3. ****** K.KANNAN, J. (ORAL) 1. The appeal is for enhancement by the claimant for compensation for death of male, aged 32 years. The claimants are widow and four minor children. Deceased was said to have been an agricultural labour. His income was assessed ` 1800/- per month and making a deduction of 1/3rd and adopting a multiplier of 12, the Tribunal assessed ` 1,72,800/- as compensation payable. 2. The learned counsel states that even minimum wages of a labourer at that time was ` 2500/-. The accident had taken place on 11.06.1996. It was elicited in evidence that the deceased did not have work all through this year and the assumption of an average income at ` 1800/- as made by the Tribunal, in my view is, therefore, correct. Against the minimum income contemplated through the amendment brought through Schedule II with effect from 14.11.1994, the estimation made by the Tribunal was that his income was ` 21,600/-. I will find no merit in the absence of any better evidence FAO No.3719 of 1999 -2- at the time of trial. I re-assess the compensation in the light of the law laid down by the Supreme Court in Sarla Verma Versus D.T.C., 2009 (6) S.C.C. 121 and proceed to dilapidate the making due provision for functional rights and claims including loss love and effect to the minor children. The Tabulated as under:- Fatal Accidents Age 32 Occupation Claimants Widow, 4 minor child Heads of claim Tribunal High Court Sl. No. Amount (Rs.) Amount (Rs.) 1 Income 1800 1800 2 Add % of increase 30%/50%/nil 3 Deduction (1/2, 1/3, 1/4, 1/5) 600 ¼ 4 Multiplicand 1200 x 12 1350 x 12 5 Multiplier 12 16 6 Loss of dependence 2,59,200 7 Medical expenses 8 Loss of Consortium + loss of love and affection 15000 9 Loss to estate 2500 10 Funeral Expenses 2000 Total 1,72,800 2,78,700 3. The amount determined in excess over what has been awarded by the Tribunal shall bear interest @ 6% from the date of petition till date of payment. The additional entitlement will be distributed equally amongst all the claimants. The liability establish in the same manner as determined by the Tribunal. The appeal is allowed. March 03, 2011 (K.KANNAN) Gagan JUDGE