F.A.O.NO. 1437 OF 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1437 OF 1995 Date of decision:13th December, 2010 Nirmal Kaur .......Appellant Versus State of Punjab and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Gurcharan Dass, Advocate, for the appellant. Mr. H.S.Gill, DAG, Punjab, for the State of Punjab-respondent Nos 1 and 2. None for respondent Nos. 3 to 6. 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 claim in appeal is for enhancement of compensation for death of a retired army personnel who was working in private company as a material checker, earning salary of Rs. 1,776/- per month. The Tribunal took the contribution towards family at Rs. 600/- per month, adopted a multiplier of 8 and in total awarded compensation of Rs. 60,000/-. I would adopt a formula as set out in Schedule II and take monthly salary as Rs. 1,800/-, provide for 1/3rd deduction towards personal expenses and take the contribution to the family at Rs. 1,200/- per month. I would adopt the same multiplier F.A.O.NO. 1437 OF 1995 2 as taken by the Tribunal and the extent of loss of dependence would be Rs. 1,15,200/-. I would provide for loss of consortium at Rs. 5,000/-, loss to estate at Rs. 2,500/- and funeral expenses at Rs. 2,000/-. In all the total amount of compensation that will become payable at Rs. 1,24,700/-. The tabulated form of these calculations are as under:- FATAL ACCIDENTS Age 58 years Occupation Retd. Army Personnel Claimants Widow Heads of claim Tribunal High Court Sr. No. Amount(Rs) Amount(Rs) 1 Income 1776 1800 2 Add, % Increase 30% / 50% 3 Average monthly income x 12 600 x 12 4 Deduction ½, 1/3, ¼, 1//5 1/3rd 5 Multiplicand 1200 x 12 = 33,648 6 Multiplier 8 8 7 Loss of dependence 1,15,200 8 Medical expenses --- ----- 9 Loss of consortium for wife and love and affection for child --- 5000 10 Loss to estate --- 2500 11 Funeral Expenses --- 2000 Total 60,000 1,24,700 2. The amount in excess over what has already been awarded by the Tribunal shall bear interest at 6% from the date of the petition till the date of the payment. 3. The appeal is allowed to the above extent only. [K.KANNAN] JUDGE 13th December, 2010 Shivani Kaushik