FAO No.519 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.519 of 1989 DATE OF DECISION: February 14, 2011 KAMLESH ...APPELLANT VERSUS SHER SINGH ETC. ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. N.K.MALHOTRA, ADVOCATE FOR THE APPELLANTS. NONE FOR RESPONDENT NO.1 AND 2. MR. NEERAJ KHANNA, ADVOCATE FOR MR. RAVINDER ARORA, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation for the death of a truck driver who was 29 years of age. The claimants were widow, 5 minor children and mother. The Tribunal assessed the income at 1000/-, took the contribution to the family at 700/- and adopted a multiplier of 14 and took the compensation at 1,17,600/-. I shall reappraise the compensation in the light of the judgement of Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121 and tabulate the same as below:- Fatal Accidents Age: 29 FAO No.519 of 1989 -2- Fatal Accidents Occupation Truck Driver Claimants Widow, 5 minor children and mother Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 1000 1400 2. Add % of increase 30%/50% Nil 3. Deduction (1/2,1/3, 1/4, 1/5) 1/4 4. Multiplicand - Tax 700 x12 1050 x 12 5. Multiplier 14 17 6. Loss of Dependence 2,14,200 7. Medical Expenses 8. Loss of Consortium 17,500 9. Loss to Estate 2500 10. Funeral Expenses 2000 Total 1,17,600 /- 2,36,200/- 2. The additional amount of compensation shall attract interest @ 6% from the date of petition till the date of payment. The amount shall be distributed amongst the wife and the children only. 3. The liability shall in the same manner as determined by the Tribunal. 4. The appeal is allowed to the above extent. February 14, 2011 (K.KANNAN) Gulati JUDGE