FAO No.492 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. FAO No.492 of 1990 DATE OF DECISION: January 17, 2011 PARVEEN KAUSHAR ...APPELLANT VERSUS G.M., PUNJAB ROADWAYS ETC. ...RESPONDENTS 2. FAO No.493 of 1990 SHABIA ZAIDI ...APPELLANT VERSUS G.M., PUNJAB ROADWAYS ETC. ...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. SATINDER KHANNA, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. Both the appeals are connected arising out of the same accident. The claim which is the subject matter of appeal in FAO No.492 of 1990 was at the instance of one Parveen Kaushar who prosecuted the claim petition after the death of Nazar Hussain who was the husband of deceased Iqbal Begum. Nazar Hussain was himself examined as AW-1 and gave evidence to the extent of loss that had occasioned to him. His contention was that his wife used to make an earning of `40/--`50/- by stitching on FAO No.492 of 1990 -2- contract basis and doing embroidery work. The Tribunal took the extent of contribution to the husband at `330/- per month and took the loss of dependency at `4000/-.The deceased was 60 years of age and adopting a multiplier of 8, the Tribunal took the compensation at `32,000/-. It did not provide for funeral expenses or for loss to estate or loss of consortium. 2. The husband died during the pendency of proceedings and then Parveen Kaushar prosecuted the case. She relied on a nikah certificate to contend that she was the adopted daughter of Nazar Hussain and described as such. The Tribunal, however, rejected the plea at her instance, holding that Shariyat does not recognize adoption and therefore, she could not have been treated as a legal heir. The law provides for compensation to legal representative which is even a wider expression than a legal heir. Muslim law itself provides for a wide range of heirs that makes escheat to the Government very rare. Even if the escheat could not be concluded as established, the Tribunal ought to have provided for compensation as a person who was a representative to the estate of deceased Nazar Hussain at whose instance the petition had been originally filed. The case could not have been dismissed. The Tribunal ought to have awarded compensation for the claimant and treated her as a person competent to receive the amount as a trustee for any person who may establish heirship to deceased Nazar Hussain. The case is coming up for disposal after nearly 21 years and I do not think it is necessary to hold up the issue of disbursal of the amount that the claimant might obtain or direct impleadment of other parties. I clarify, therefore, as that the entitlement to the claimant shall go as trustee for the estate to Nazar Hussain. 3. The award of the Tribunal dismissing the petition is set aside FAO No.492 of 1990 -3- and the claimant-appellant shall be permitted to receive the same with interest at 6% from the date of petition till the date of payment. The liability shall be on respondents No.1 to 3 who were the owners of the bus which was involved in the accident. FAO No.492 of 1990 is allowed to the above extent. 4. As regards the claim that arises for consideration in FAO No.493 of 1990, the claim was for injuries sustained in the accident and the Tribunal had assessed the compensation of `33,500/-. Learned counsel is unable to show any defect or error that would merit a reappraisal for enhancement of compensation. The award is, therefore, confirmed and FAO No.493 of 1990 is consequently dismissed. January 17, 2011 (K.KANNAN) Gulati JUDGE