IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.507 of 1990 (O&M) Date of decision:11.03.2011 Devinder Kaur and others ....Appellants versus Jaswant Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. H.S.Garewal, Advocate, for the appellants. None for respondents 1 and 2. Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for respondent No.3. ---- K.Kannan, J. (Oral) 1. The appeal is for enhancement of claim for compensation for death of a male, aged 48 years. The deceased was an ASI with the Punjab Police, earning Rs.1,980/- per month. The claimants were widow and three children. The Tribunal made a deduction of 1/3rd on the proved income and adopted a multiplier of 9 ¾ being the number of years of service left. Learned counsel seeks for reappraisal of compensation in the light of law laid down by the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another- 2009(6) SCC 121. 2. I will reappraise the compensation, providing for a 30% increase, make a deduction of 1/4th and increase the multiplier to 14. I will also provide for loss of love and affection and loss of consortium for FAO No.507 of 1990 (O&M) - 2 - the children and wife respectively and also add the conventional heads of claim i.e. for loss to estate and funeral expenses. The compensation payable is tabulated below:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) 1. Income 1,980 1,980 2. Add, % of increase 2534 3. Deduction 1/3 1/4 4. Multiplicand 1,400 1930.50 5. Multiplier 9 ¾ 14 6. Loss of dependence 3,24,324 7. Loss of consortium & loss 12,500 of love and affection 8. Loss to estate 5,000 9. Funeral expenses. 2,500 _______ _______ Total 1,60,800 3,44,324 3. The amount in excess over what has been determined by the Tribunal already, shall bear interest at 6% from the date of petition till date of payment. 4. While the Tribunal assessed the compensation, it made the insurer liable to what the policy terms provided to Rs.1,50,000/- only. The amount in excess was to be borne by the owner/insured and the driver. The additional compensation awarded through this award shall also be borne by the owner/insured and the driver. The amount shall be distributed equally amongst the widow and the children. 5. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 11.03.2011 sanjeev