FAO No.1732 of 1994 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1732 of 1994 Date of Decision.14.12.2010 Gurmeet Kaur widow of Sh. Darshan Dass and others ......Appellants Versus State of Haryana and others ......Respondents Present: Mr. Bhupinder Singh Walia, Advocate for the appellants. Mr. Kunal Garg, AAG, Haryana for respondent Nos.1, 2 and 4. None for respondent No.3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 appeal is for enhancement of claim for death of a Block Development Officer, who was aged 40 years. The claimants were widow, three minor sons and mother. His income was proved to be Rs.2893/-, deduction of 1/3rd was applied for personal expenses and adopting a multiplier of 16, the Tribunal assessed a compensation of Rs.3,70,368/-. I hasten to dispose of the case on known legal parameters. I would apply the decision of the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121 and provide for a prospect of increase in salary, make a deduction of 1/4th, having regard to the large size of the family with four minor children and take a multiplier of 15 instead of 16. I would also provide for Rs.5,000/- towards loss FAO No.1732 of 1994 -2- of consortium and Rs.2500/- for each of the minor children towards love and affection and also give the conventional heads of claim for loss to estate and funeral expenses. The amount determined is tabulated as under:- FATAL ACCIDENTS Age 40 years Occupation BDPO Claimants Wife, 3 sons and daughter and mother Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) 1 Income 2893 2893 2 Add, % of increase 30% / 50% '30 %' 3 Average monthly income x 12 3760x12 4 Deduction (1/2 , 1/3, 1/4, 1/5) 1/3rd 1/4th 5 Multiplicand 1929x12 2820x12 6 Multiplier 16 15 7 Loss of dependence 5,07,600 8 Medical Expenses -- 9 Loss of Consortium 15000 10 Loss to estate 11 Funeral expenses 5000 2500 Total 3,70,368 5,30,100 2. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. The amount shall be distributed amongst all the claimants equally. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE December 14, 2010 Pankaj*