FAO No.3703 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3703 of 2010 (O&M) Date of Decision. 03.02.2011 Komal aged 6 years daughter of Kanchan and others ......Appellants Versus Gurbax Singh AGE-BIR-II C/o GE Chandimandir District Panchkula (owner of Scooter No.KA-03EF-6654) and others .....Respondents Present: Mr. Vikram Bali, Advocate for the appellants. None for respondent Nos.1 and 2. Mr. Vinod Manchanda, Advocate 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. In a fire accident at the Record Section of Civil Revision/FAO Branch of this Court on 30.01.2011, several files were burnt. 2. The registry has reported that the file is not available and it is likely that the papers connected with the case have been consumed in fire. Learned counsel for the appellant has furnished copy of all the relevant papers connected with the case. The papers submitted shall substitute the papers that are unavailable and shall constitute for all practical purposes as the records of the court. Papers are duly reconstructed in the above fashion. 3. The only point urged in the appeal is that in the matter of assessment of compensation, the Tribunal has not adopted the correct FAO No.3703 of 2010 (O&M) -2- multiplier in terms of the decision of Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121. The deceased was 30 years of age and the multiplier ought to have been 17. The Tribunal has, however, while ascertaining the compensation taken the income at Rs.40,000/- per annum and assessed the loss of dependence at Rs.30,000/-. I will retain the same. The Tribunal has applied a multiplier of 12. I will increase it to 17 and hold the loss of dependence at Rs.5,10,000/-. I will retain the amount of Rs.2,000/- awarded towards the funeral expenses but I would also add Rs.5,000/- towards the loss to estate. The children-claimants No.1 and 2 are the children of Kanchan Devi, who was a divorcee. The children who have already suffered the deprivation of the father's company, have also lost their mother. I would provide for Rs.7500/- to each one of the children for loss of love and affection and hold the total amount of compensation at Rs.5,32,000/-. 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. 4. The amount of Rs.15,000/-, which has been awarded to the 3rd respondent, who was the mother of the deceased, is retained and she would be permitted to withdraw the same. As regards the share of the children, the amount shall be retained in deposit during the minority and the interest will be paid quarterly to the guardian of the children for maintenance of the children. 5. The appeal is allowed to the above extent. (K. KANNAN) JUDGE February 03, 2011 Pankaj*