IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.976 of 1989 (O&M) Date of decision:12.01.2011 M/s Kunanji Jivraj Ji Shah and others ....Appellants versus Shri Deepak Goswami and others ..Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the appellants. Mr. Surinder Singh Kaliramna, Advocate, for Mr. B.S.Rana, Advocate, for respondent No.1. None for respondent No.2. Mr. Paul S. Saini, 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. The case is of the year 1989 and there is no representation on behalf of the appellants, who are the claimants, seeking for enhancement of compensation for death in a motor accident. The deceased was 45 years of age and was said to be engaged in the business of trading. He was an income tax assessee and the copy of the returns, that had been filed as exhibit A1, showed that his income was Rs.20,100/- and he had paid a tax of Rs.525/-. The Tribunal found the document to be a self-serving document. The Tribunal's finding is wholly FAO No.976 of 1989 (O&M) - 2 - erroneous since the income tax returns bore the seal of the income tax department itself. I would take, therefore, the income through the business at Rs.20,100/- as established. He had also filed a copy of the return exhibited as A3 for which the assessment had been made under Ex.A1. A document which is annexed to A3 return as a letter of 'antecedent' signed by the deceased himself that records the fact that he was engaged in the business of supply agent for marriage for the last two years and that he was associated in the business with his father at Rajasthan and since he had been doing independent business, he had filed his own return on self assessment basis. He was supporting a large family of parents, widow, three children and one daughter. I would make a deduction of 1/5th in the manner suggested by the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298 and take 4/5th of the amount of what is found in the income tax return as the contribution to the family. Consequently, the extent of dependence will be Rs.2,25,120/-. I will add towards loss of consortium, for loss of love and affection for four children, who were minor at that time and also sums towards loss to estate and funeral expenses to the tune of Rs.24,880/- and take the amount of compensation payable at Rs.2,50,000/-. The Tribunal has already awarded Rs.72,000/- and the amount in excess shall attract interest at 6% from the date of petition till date of payment. The amount in excess shall be taken only by the wife and children equally. The liability amongst the respondents shall be in the same manner as determined by the Tribunal, that is, on the Insurance Company. FAO No.976 of 1989 (O&M) - 3 - 2. The appeal is allowed to the above extent. Since the party- appellants are not present, Registry is directed to send the order copy directly to the party on the address given in the memo of parties. (K.KANNAN) JUDGE 12.01.2011 sanjeev