IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.114 of 1989 (O&M) Date of decision:10.11.2010 Mrs. Kamal Kuttappan and others ....Appellants versus Hari Travels (P) Ltd. and others ...Respondents II. FAO No.115 of 1989 (O&M) Smt.Lakshmi Devi and others ....Appellants versus Shri Manohar Lal and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Neeraj Khanna, Advocate, for Mr. Lalit Mohan Suri, Senior Advocate, for the appellants. None for the respondents. ---- 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. Both the cases arise for consideration only as regards the quantum of compensation payable to the respective claimants. FAO No.114 of 1989 addresses the claim for compensation for death of a government employee, who was 53 years of age. The salary certificate FAO No.114 of 1989 (O&M) - 2 - revealed that he was earning Rs.7,160/- and the tax paid was Rs.7,005/-. If the total amount minus tax were to be taken, the annual income was Rs.78,915/- and if 1/3rd were to be made for his personal expenses, the extent of contribution would have been Rs.52,610/-. It was in evidence that there was a prospect of promotion for the claimant and the learned counsel argues forcefully that the income payable for the promotional post which was imminent, must have been taken. I cannot accede to such a plea, for, a prospect of promotion will have to be seen only in the context of his own age and standing and if he had not already gained the promotion during his life at the relevant time of the accident, I cannot provide for a future increase on a prospect which was still uncertain. If the formula as suggested by the decision in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298 were to be accepted, the total amount of compensation with all the conventional heads of claim will still fall short of the amount determined by the Tribunal at Rs.6,84,000/-. I will not subject the award to any other modification and maintain the same as just and adequate. 2. The appeal in FAO No.114 of 1989 is, consequently, dismissed. 3. FAO No.115 of 1989 addresses the claim for compensation for death of a driver, who was aged 44 years. His salary certificate showed that he was earning Rs.1,841/-. The Tribunal took the dependency as 2/3rd and worked out the compensation. Having regard to the fact that he was in government service with sure prospects of promotion and in the manner contemplated for a person, who was in the FAO No.114 of 1989 (O&M) - 3 - age group of 40 to 50, I will provide for a prospect of future increase at 30% and take the average income per month to be Rs.2,393.30. I will deduct 1/3rd for the same and provide for monthly dependency at Rs.1,595.54 and if a multiplier of 14 were to be adopted, that loss of extent of dependency would be calculated at Rs.2,68,050/-. I will provide for Rs.5,000/- towards loss of consortium for the wife and Rs.5,000/- each for each one of the minor children. I will add another Rs.5,000/- for loss to estate and Rs.2,500/- for funeral expenses. In all, the sum payable will be Rs.2,90,550/-. The Tribunal has already awarded Rs.2,30,400/- and the amount in excess over what was determined by the Tribunal will attract interest at 6% from the date of petition till date of payment. 4. The appeal in FAO No.115 of 1989 is allowed to the above extent. (K.KANNAN) JUDGE 10.11.2010 sanjeev