FAO No.1271 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1271 of 1989 DATE OF DECISION: February 4, 2011 RAGHBIR SINGH AND OTHERS ...APPELLANTS VERSUS SHRI RAJINDER KUMAR AND 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: MS. EKTA THAKUR, ADVOCATE FOR THE APPELLANTS. NONE FOR RESPONDENT NO.1 & 2. MR. R.K. BASHAMBOO, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation filed at the instance of parents of a Sepoy in Indian Army. He was aged 19. His income has been shown to be `1081/-. The major brothers were joined in the petition. The Tribunal rejected the claim of the brothers, take the dependence at `350/-, adopted a multiplier of 16 and found the loss of dependency at `67,200/-. It made a 20% deduction of the same for uncertainties of life and awarded a compensation of `54,000/-. 2. Learned counsel appearing for the appellants has strong reservations about deduction of 20% for uncertainties and would also plead that provision for future increase must be provided in the manner set forth in the judgement of Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121. 3. I reappraise the compensation and tabulate the heads of claim FAO No.1271 of 1989 -2- as below that claimants would be entitled to `1,50,000/-:- Fatal Accidents Age: 19 Occupation Sepoy Claimants Parents, brothers Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 1081 1081 2. Add % of increase 30%/50%/nil 50% 3. Deduction (1/2,1/3, 1/4, 1/5) 1/2 4. Multiplicand - Tax 350x12 810.75.12 5. Multiplier 16 14 6. Loss of Dependence 67,200 1,36,206 7. Medical Expenses 8. Loss of Consortium 9. Loss to Estate 10000 10. Funeral Expenses 3800 Total 54,000/- 1,50,006/- 4. 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. The amount shall be distributed between the parents equally. 5. The liability amongst the respondents shall be in the same manner as determined by the Tribunal. 6. The appeal is allowed to the above extent. February 4, 2011 (K.KANNAN) Gulati JUDGE