FAO No.2578 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2578 of 1999 DATE OF DECISION: March 3, 2011 GURJIT KAUR & OTHERS ...APPELLANTS VERSUS STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. M.K. DOGRA, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation for death of a male aged 22 years. The accident had taken place on 4.9.1996. The claimants were wife, minor child and parents. The deceased was an agricultural labourer and the Tribunal assessed the income at `1300/-. Learned counsel states that the income assessed was low and the Tribunal had also not provided for the conventional heads of claim for loss of consortium, loss to estate and funeral expenses. I will rework the compensation on the scales suggested by the Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121, provide for 1/4th deduction, take a multiplier of 18 and also add conventional heads of claim under various heads and the tabulate the same as below:- Fatal Accidents Age: 22 Occupation FAO No.2578 of 1999 -2- Fatal Accidents Claimants Mother, Father, widow & minor child Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 1300 1300 2. Add % of increase 30%/50%/Nil 3. Deduction (1/2,1/3, 1/4, 1/5) 1/4 4. Multiplicand 11,160 975 x 12 5. Multiplier 16 18 6. Loss of Dependence 2,10,600 7. Medical Expenses 8. Loss of Consortium + loss of love and affection 7500 9. Loss to Estate 2500 10. Funeral Expenses 2000 Total 1,78,500/- 2,22,600/- 2. The amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. 3. The additional amount of compensation will be paid only to the widow and the child. 4. The liability shall be in the same manner as determined by the Tribunal. 5. The award is modified and the appeal is allowed to the above extent. March 3, 2011 (K.KANNAN) Gulati JUDGE