FAO No. 562 of 1989 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 562 of 1989 Date of decision January 10 , 2011 Smt. Sheela Yadav and others ....... Appellants Versus Shri Sher Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Alok Jain, Advocate for the appellants. Mr. Kunal Garg , AAG., Haryana for the respondent No.2 and 3. **** 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 appeal is for compensation for death of a 30 years old person who was said to be engaged in a business of running a restaurant in the name of New Satkar Restaurant as a partner and he was also having property dealings and earning a commission as property dealer which was spoken by PW-3 Yudhvir Singh and his own association in partnership was spoken by him. The evidence of PW-2 was that they were making Rs.4,000/- per month and his own share was 50% of the same. The deceased was owner of a car and the driver gave evidence to the effect that he was himself paid Rs.800/- per month. PW-4 has also deposed that he was working as a servant and he was being paid Rs.500/- per month. The Tribunal took, in the absence of documentary evidence, FAO No. 562 of 1989 2 the income to be Rs.1500/-. I cannot believe that a person who was having modest income of Rs.1500/- could be in a position to own a car and give employment to 2 persons. Instead of Rs.1500/- I would take the income to be Rs.3,000/- make a deduction of 1/3rd for his personal expenses and take the contribution to the family at Rs.2,000/-. I will adopt a multiplier of 17 and add Rs.5,000/- towards loss of consortium and add another sum of Rs.5,000/- towards loss of estate and retain Rs.8,000/- which is awarded by the Tribunal towards funeral and medical expenses. There were three minor children, I will add Rs.7500/- towards loss of love and affection to the minor children at the rate of Rs.2500/-. In all the total compensation payable shall be Rs.4,33,500/- and the Tribunal has assessed the compensation at Rs.2,00,000/-. The amount in excess over what has been determined by the Tribunal will attract interest at 6% per annum from the date of the petition till the date of payment. The amount shall be equally distributed between the widow and the three minor children and the liability shall be same as determined by the Tribunal. The appeal is allowed to the above extent. (K. KANNAN) JUDGE Jaunary 10, 2011 archana