IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.845 of 1990 (O&M) Date of decision:02.02.2011 Bashir ....Appellant versus Gani and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Aseem Aggarwal, Advocate, for Mr. Harsh Aggarwal, Advocate, for the appellant. None for respondents 1, 2 and 4. Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, 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. A passenger in a goods vehicle, who due to accident died, left a cause of action for the parents to make a claim for compensation against the owner and driver. The Insurance Company had also been impleaded as a party but exonerated through the award. The deceased was a mason, aged 22 years, and the claimants were parents, who were aged 60 and 50 respectively. The evidence regarding his income was that he was earning Rs.750/-. The Tribunal took the monthly FAO No.845 of 1990 (O&M) - 2 - dependency at Rs.300/- and adopted a multiplier of 10 to hold a compensation of Rs.36,000/- as payable. The evidence was that he was earning Rs.60/- to 75/- per day. I would assume that he will have at least 25 days of work and effectively work for about 9 months in a year. I will take the average income at Rs.1,000/- at the relevant time and I would assess the compensation as per the scales of compensation provided by the decision of the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another 2009(6) SCC 121 . The amount of compensation is tabulated as under:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) Age: 22 Occupation: Mason Claimants: Parents 60 & 50 years of age 1. Income 750 p.m. 1,000 p.m. 2. Deduction - 1/2 3. Multiplicand 3600 p.a. 6,000 p.a. 4. Multiplier 10 11 5. Loss of dependence 66,000 6. Loss to estate - 2,500 7. Funeral expenses. - 2,000 ______ ______ Total 36,000 70,500 2. The amount found in excess over what has been determined by the Tribunal will attract interest at 6% from the date of petition till date of payment. FAO No.845 of 1990 (O&M) - 3 - 3. The liability shall be on the same parties as found by the Tribunal and the Insurance Company shall stand exonerated for the reasons already found by the Tribunal. 4. The appeal is allowed to the above terms. (K.KANNAN) JUDGE 02.02.2011 sanjeev