F.A.O.NO. 338 OF 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 338 OF 1991 Date of decision:11th November, 2010 Smt. Nito and others .......Appellants Versus State of Haryana and othersh ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Ashit Malik, Advocate and Ms. Manisha Setia, Advocate, for the appellants. Mr. Kunal Garg, AAG, Haryana, for respondent Nos. 1 and 2. Mr. Atul Sharma, Advocate for Mr. S.K.Sharma, Advocate, for the Insurance Company. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The appeal is for enhancement of compensation for an accident that caused the death of labourer aged 25 years. The claimants were the widow, two minor children and parents. The Tribunal had awarded Rs. 80,000/- as compensation. 2. The Tribunal had taken the income to be Rs. 600/-, took the dependence at Rs. 400/- and adopted a multiplier of 16. If F.A.O.NO. 338 OF 1991 2 compensation were to be taken in the manner provided by the Hon'ble Supreme Court in Sarla Verma Vs. Delhi Transport Corporation and another (2009) 6 SCC 121 I would provide 1/4th deduction for personal expenses, having regard to the large size of the family that the deceased was supporting and take the extent of dependence at Rs. 450/- per month. I would adopt a multiplier of 18 and take the loss due to dependence by Rs. 97,200/-. I would award Rs. 5,000/- towards loss of consortium to the wife and Rs. 2,500/- for each of the minor child. I would also add Rs. 2,500/- towards loss to estate and another Rs. 2,000/- for funeral expenses. In all the amount of compensation that will become payable would be Rs. 1,11,700/-. This additional amount of Rs. 31,700/- shall also attract interest at 6% from the date of the petition till the date of payment. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 11th November, 2010 Shivani Kaushik