IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 2056 of 1999 Date of decision March 25 , 2011 Smt. Omi Devi and others ....... Appellants Versus Shrit Jeet Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Jasbir Singh, Advocate for Mr. Vikram Malik, Advocate for the appellants. Mr. Ashit Malik, Advocate for respondent No.1. Mr. Neeraj Khanna, Advocate for Mr. N. K. Khosla, Advocate for respondent No.2. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is for enhancement of claim for compensation for death of a male aged 37 years and the claimants were widow, two minor children and mother. The Tribunal took the income at `32,000/- applied 1/3rd deduction and adopted a 16 multiplier to hold the compensation payable at `3,45,500/-. Learned counsel argues that there is an error in calculation and also the amount provided as deduction made for personal expenses was high. In view of the fact that he had four dependents, I find that the choice of multiplier was relatively a unit higher of what was in decision of Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121 but it more or less off sets the deduction for personal expenses which has been offered by the Tribunal at 1/3rd instead of 1/4th. However, I have proceeded to consider the appellant's plea and rework the compensation on the scales suggested by the Supreme Court in Sarla Verma 's case (supra) as tabulated below. I have provided for loss of consortium, loss of love and affection to the children and for funeral expenses and loss to estate. There shall be a marginal increase over what has been awarded by the Tribunal. Age Occupation 37 Claimants Widow, 2 minor children and mother S.No. Heads of Claim Tribunal High Court 1 Income `32,000/- `32,000/- 2 Multiplicand 1/3rd 1/4th 3 Multiplier 16 15 4 Loss of dependency `3,60,000/- 5 Loss of consortium and loss of love and affection `10,000/- 6 Loss to estate `5,000/- 7 Funeral expenses `2,500/- Total `3,45,500/- `4,33,500/- 2. 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 increase in compensation shall be distributed equally amongst the wife and children only. The liability shall be in the same manner as determined by the Tribunal. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE March 25 , 2011 archana