FAO No.3397 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3397 of 2009 Date of Decision. 26.07.2010 The New India Assurance Company Limited Bharta Shopping Complex near Bhiwari through Sh. K.B. Bindal, Manager, New India Assurance Company Ltd., Regional Office, SCO No.36-37, Sector 17-A, Chandigarh .........Appellant Versus Smt. Kiran widow of Dharamvir resident of village Ratta Kalan, PS Ateli Tehsil Narnaul District Mohindergarh and others .......Respondents Present: Mr. Suman Jain, Advocate for the appellant. None for respondent Nos.1 to 5. Mr. Kapil Kumar, Advocate for Mr. Sudhip Dasuja, Advocate for respondents No.6 and 7. 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) 1. The insurance company is in appeal challenging the quantum awarded through the claimants, pointing out that the insurance company had been granted permission under Section 170 of the Motor Vehicles Act to defend the case on all grounds. The deceased, who was said to be a workman, evidence was given to the effect that he was working as a daily labour in Electricity Board and he was also doing dairy farming and was earning Rs.10,000/- per FAO No.3397 of 2009 -2- month. There was no evidence for the same but the Tribunal took the income of the deceased to be Rs.4,000/- per month. In this case, the claimants were the widow and two minor children and parents. With no evidence available, I would take the income to be Rs.3,000/- and would take the deduction for personal expenses to be 1/4th as Rs.2250/-. The yearly contribution ought to have been, therefore, to be Rs.27,000/-. The appropriate multiplier for the age of the deceased at 28 will be taken as 18 and the amount of dependence shall be taken as Rs.4,86,000/-. The appropriate amount for loss of consortium to the wife, I would estimate to Rs.10,000/- and for loss of love and affection for each of the children Rs.2500/-. To this, will be added Rs.2500/- as loss to estate and yet another amount of Rs.2500/- for funeral expenses. In all, the amount shall be Rs.5,11,000/-. The Tribunal has taken the funeral expenses and transport for Rs.25,000/- and provided for loss of consortium to Rs.26,000/-. The loss of love and affection for the children has been taken as Rs.30,000/-. The conventional heads of claim and non-pecuniary compensation shall be the same irrespective of the status of parties. A provision for Rs.25,000/- or Rs.30,000/- for loss of consortium or loss of love and affection, in my view, are needlessly exaggerated and out of tune with the normal award in normal circumstances. 2. The award of the Tribunal is, under the circumstances, modified and the amount of compensation is determined as Rs.5,11,000/- with interest @8% per annum in the manner already granted by the Tribunal from the date of petition till the date of FAO No.3397 of 2009 -3- payment. The award is modified and the appeal is allowed to the above extent only. (K. KANNAN) JUDGE July 26, 2010 Pankaj*