FAO No. 215 of 1988 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 215 of 1988 Date of decision February 1 , 2011 Suresh Chaukara and others ....... Appellant Versus M/s New India Assurance Company Ltd., and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- None for the appellant. Mr. Nitin Gupta , Advocate and Mr. Pardeep Bedi, Advocate for respondent Nos.1 and 2. None for respondent Nos. 3 to 6. **** 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 case is of the year 1988 and there is no representation on behalf of the appellant at the time when the matter is called. I proceed to examine the case with the assistance of the counsel for the respondents and the records available. 2. The appeal is for enhancement of compensation for death of a 39 years old person. The claimants are widow and two minor children. He was said to be earning `1650/- and the Tribunal assessed the monthly dependency at `1,000/- and adopted a multiplier of 16 to determine the compensation at `1,92,000/-. 3 The reappraisal would require to be done by FAO No. 215 of 1988 2 making a marginal increase as regards the loss of dependency at 2/3rd of his income that would come to `1,100/- and if multiplier of 16 were to be adopted, the loss of dependency will be `2,11,200/-. I will add `5,000/- for loss of consortium, `2500/- for each one of the minor children for loss of love and affection and also provide for `2500/- towards loss of estate and `2,000/- towards funeral expenses. The total compensation would be `2,25,,700/-. The amount in excess of what has been determined by the Tribunal shall attract interest at the rate of 6% per annum from the date of petition till the date of payment. The liability shall be of respondent Nos.3 and 4 in appeal who are cited as respondent Nos. 1 and 2 before the Tribunal, the Insurance Company's liability having been exhausted in terms of the policy as per the requirement of Motor Vehicles Act, 1939, to `1,50,000/-. The appeal is allowed to the above extent. (K. KANNAN) JUDGE February 1, 2011 archana