FAO No.1519 of 1999 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1519 of 1999 (O&M) Date of Decision. 27.01.2011 Sukhwant Kaur wife of Shri Ajaib Singh and others ......Appellants Versus Sushil Pawa son of Shri Ram Pawa and others ...Respondents Present: Mr. Bhupinder Singh Walia, Advocate for the appellants. Ms. Shamsher Kaur, Advocate for the insurance company. None for other respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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) C.M. No.32624-CII of 2010 Application is allowed as prayed for. The order passed on 08.10.2010 is recalled and the appeal is restored to its original number. FAO No.1519 of 1999 1. The claim petition was filed at the instance of the representatives of the deceased-driver, who in a collision with another vehicle coming from the opposite direction died. The driver of the other vehicle also died. The Tribunal found that there was contributory negligence and while determining the compensation abated the claim to the extent of 50%. In the manner in which the accident was done, I FAO No.1519 of 1999 (O&M) -2- have no doubt in my mind that the Tribunal was correct in finding that there had been a contributory negligence and I maintain the same. 2. As regards the quantum of compensation, the driver was earning Rs.2500/- but he had a large family to support consisting of his widow, two children and aged parents. I will take the contribution to the family as 3/4th to the income and take it to be Rs.1875/-. The Tribunal has adopted a multiplier of 15 for a person who was 28 years old. I will increase the multiplier to 17. The loss of dependence would be Rs.3,82,500/-. The Tribunal has also not provided for conventional heads of claim namely the loss of consortium to the wife, loss of love and affection to the children, loss to estate and funeral expenses. I will provided for an additional amount to round it off to Rs.4 lacs. Having regard to the fact that there has been a finding of contributory negligence, the amount determined would stand abated to 50% and the amount payable by the respondent will be, therefore, Rs.2 lacs with interest. 3. The Tribunal has awarded Rs.1,53,000/- and the amount in excess shall also attract interest @6% from the date of petition till the date of payment. The liability shall be in the manner as determined by the Tribunal. 4. The appeal is allowed to the above extent. (K. KANNAN) JUDGE January 27, 2011 Pankaj*