IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1226 of 2005 (O&M) Date of decision:17.12.2010 Smt. Neeta alias Anita Chopra and others ....Appellants versus State of Haryana and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. S.D.Bansal, Advocate, for the appellants. Mr. Kunal Garg, AAG, Haryana. Mr. Vivek Singal, Advocate, for the Insurance Company. ---- 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 compensation for death of person, who was 50 years of age and the claimants were the widow, son, minor daughter and a mother. He was doing a business in general merchandise and he was an income tax assessee and the tax returns would show that he was earning Rs.1,14,967/- for the assessment year 2002-03. The Tribunal had taken 1/3rd deduction, determined the extent of dependency at Rs.76,645/-, adopted a multiplier of 8 and determined a compensation of Rs.6,13,160/-. FAO No.1226 of 2005 (O&M) - 2 - 2. If a reappraisal were to be undertaken in the light of law laid down by the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298, I would take 1/4th deduction on the same income as determined and take the extent of dependency at Rs.86,225/-. I will adopt a multiplier of 13 instead of 8 for that would take the extent of loss of dependency at Rs.11,20,925/-. I will add Rs.10,000/- towards loss of consortium and loss of love and affection to a minor daughter and make further provision of Rs.5,000/- for funeral expenses and loss to estate. The total amount of compensation will be Rs.11,35,925/-. The amount in excess over what has been awarded already by the Tribunal shall attract interest at 6% from the date of petition till date of payment. 3. The liability shall be as determined by the Tribunal and enforcement is possible therefore against the Insurance Company-4th respondent herein. The mother will be entitled to additional amount of Rs.1.5 lakhs and the rest of the amount shall be divided equally amongst the widow and her children. The death has taken place in the year 2002 and I have adopted a multiplier of 13. While the mother will be entitled to withdrawal of the entire amount, the wife will be entitled to 80% of the amount and the major son will also be entitled to 80% of the amount and the remaining 20% shall remain in deposit in a nationalized bank. It will be split up in 5 equal shares and it shall be paid over a period of five years. The first for a period of one year, the second for a period of second year and so on upto the period of 5 years. As regards the share of the minor, it will be remained in deposit till the minority and 80% of the FAO No.1226 of 2005 (O&M) - 3 - same shall be paid on the date of majority and remaining 20% shall still be retained and paid in the manner indicated above for the major claimant. 4. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 17.12.2010 sanjeev