FAO No. 3388 of 1999 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 3388 of 1999 Date of decision March 18, 2011 Binder Singh and another ....... Appellants Versus Satwant Kaur and others ........Respondents FAO No. 3391 of 1999 Satwant Kaur and others ....... Appellants Versus State of Punjab and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- None for the appellant. Mr. R. K. Bashamboo, Advocate for respondent No.7-Insurance Company in FAO No. 3388 of 1999. Mr. Rohit Verma, Advocate for Munishwar Puri, Advocate for respondent Nos.1 to 6 in FAO No.3388 and for the appellants in FAO No.3391 of 1999. Ms. Reeta Kohli, Additional Advocate General, Punjab for respondent No.8. **** 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? FAO No. 3388 of 1999 2 K. Kannan, J (oral). 1. Both the appeals are connected. FAO No. 3388 is appeal against assessment of compensation of `5,76,000/- for death of a male aged 42 years. He was said to be an owner of 24 kilas of land and the Tribunal took the managerial skills of such an owner to have meant a loss of `5,000/- per month and while assessing the dependency the Tribunal provided for 1/4th deduction and took the contribution to the family at `4,000/- per month and adopted a multiplier of 12. There is no representation on behalf of the appellant in FAO No. 3388 of 1999 and I have proceeded to examine the case on the basis of records and with the assistance of the counsel for the respondent. 2. There is a claim for enhancement of compensation in FAO No.3393 of 1991.I will take the assessment to the extent of dependency as appropriate having regard to the large size of family with four children. Instead of 12 multiplier, I will adopt a multiplier of 14 and also provide for loss of consortium to the wife and love and affection to the children to assess the total compensation at `6,89,500/- as tabulated below: Age Occupation Cleaner Claimants Widow, 4 children S.No. Heads of Claim Tribunal High Court 1 Income `5,000/- 2 Multiplicand `4000 x 12 `48,000/- 3 Multiplier 12 14 4 Loss of dependency `6,72,000/- 5 Loss of consortium and love and affection for children `15,000/- 6 Funeral expenses `2,500/- 7 Total `5,76,000/- `6,89,500/- FAO No. 3388 of 1999 3 3. 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 shall be distributed equally amongst the claimants. The liability shall be on the owner and driver who are appellants in FAO No.3388 of 1999. 4. The appeal FAO No. 3388 of 1999 is dismissed and FAO No.3391 is allowed to the above extent. (K. KANNAN) JUDGE March 18, 2011 archana