IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.215 of 1989(O&M) Date of decision:16.02.2011 Shrimati Asha Gupta and others ....Appellants versus Ashwani Kumar and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Ms. Sonal Datta, Advocate, for the appellants. None for respondents 1 and 2. Mr. Sanjiv Pabbi, Advocate, for respondent No.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 enhancement of claim for compensation for death of a person, aged 41 years. The claimants were, the widow an three minor children. The deceased was said to be an income tax assessee having been engaged in the business of rice milling industry. The income tax returns for the relevant year before his death filed showed that on the particular year, he had income of Rs.43,000 and odd and the tax paid was refunded since it fell below the taxable limit of Rs.50,000/-. The Tribunal rejected the documentary evidence fully and made a conjecture of an income at Rs.1,000/- per month. FAO No.215 of 1989(O&M) - 2 - 2. The learned counsel for the appellants would contend that he was associated with three partners and was supporting a family of his widow and three minor children. The assessment of compensation on the basis that he was earning only Rs.1,000/- was not justified. It is the further contention that the Tribunal did not also provide for loss of consortium for the wife, loss of love and affection for the children and also did not provide for loss to estate and funeral expenses. The counsel seeks reappraisal of the compensation in terms of the law laid down by the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another 2009(6) SCC 121 . I have reappraised the compensation providing for an appropriate multiplier suitable to the age of the deceased and providing for a contribution to the family in tune with the size of the family. I have also taken the income as found in the income tax returns as the relevant figure for arriving at the quantum of compensation. The amount of compensation as payable is tabulated below:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) 1. Income 1,000 43,748 2. Add, % of increase - - 3. Deduction 1/4 4. Multiplicand 32,811 5. Multiplier 14 6. Loss of dependence 4,59,354 7. Loss of consortium & 10,000 loss of love and affection 8. Loss to estate 5,000 9. Funeral expenses 2,500 _______ _______ Total 1,34,400 4,76,854 FAO No.215 of 1989(O&M) - 3 - 3. The amount in excess over what has been determined by the Tribunal shall bear interest at 6% from the date of petition till date of payment. The additional compensation shall be distributed equally between the wife and the children. The liability shall be in the same manner as determined by the Tribunal. 4. The appeal is allowed to the above terms. (K.KANNAN) JUDGE 16.02.2011 sanjeev