FAO No. 1692 of 2000 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1692 of 2000 Date of decision April 5, 2011 Smt. Parvati and another ....... Appellants Versus Ram Niwas and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- None for the appellant. Mr. Kunal Garg , AAG., Haryana 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. The appeal for enhancement of claim for compensation is at the instance of the parents of a male aged 20 years. 2. There is no representation on behalf of the appellant and I proceeded to examine the case on merits with the assistance of the counsel for the State. 3. While assessing the compensation the Tribunal took the income at `1800/- per month, made a deduction of 50% and adopted a multiplier of 16 to find out the compensation payable at `1,56,000/-. Learned counsel appearing for the State would say that even the said amount was slightly on the higher side if the formula as suggested by Hon'ble Supreme Court in Sarla Verma Vs.Delhi Road Transport FAO No. 1692 of 2000 2 Corporation reported in (2009) 6 SC 121 and Shakti Devi Vs. New India Insurance Company JT (2010) 13 SC 103 were to be applied. According to him the choice of multiplier of 16 was made in relation to age of the deceased while it should have been only appropriate that the multiplier must be with reference to the age of the parents themselves. Since the claim emanates from persons belonging to the lower strata of society and the deceased was said to be an agricultural labourer whose income was taken as `1800/- per month, I will adopt the scales provided in Schedule-II under Section 163-A since the accident had taken place subsequent to the introduction of Section 163-A. I will take, therefore, the income as taken by the Tribunal make a deduction of 1/3rd and take the multiplier as determined by the Tribunal itself. The loss of dependency will be `2,30,400/- and I will add `4,500/- towards loss to estate and funeral expenses. The total compensation payable will be `2,34,900/-. The amount in excess of what has been determined by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The amount shall be distributed equally between the claimants and the right of enforcement will be available against the respondents in the same manner as provided by the Tribunal. 4. The appeal is allowed to the above extent. The Registry is directed to despatch the order copy directly to the party at the address mentioned in the cause title. (K. KANNAN) JUDGE April 5, 2011 archana