IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.531 of 2005 (O&M) Date of decision:14.01.2011 Surjeet Kaur and another ....Appellants versus Daler Singh and others ..Respondents II. FAO No.532 of 2005 (O&M) Satpal ....Appellant versus Daler Singh and others ..Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Aseem Aggarwal, Advocate, for the appellant/s. None for respondents 1 and 2. Mr. Neeraj Khanna, Advocate, for the Insurance Company- respondent No.3. ---- 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 in FAO No.531 of 2005 is for enhancement of compensation for death of a person, who was a student, aged 18 years and who was doing ITI. His notional income was taken as Rs.2,400/-. His contribution to the family was taken as Rs.1,000/- and the Tribunal FAO No.531 of 2005 (O&M) - 2 - adopted a multiplier as 10. The learned counsel for the appellant pleads for determination of compensation in the manner laid down by the Hon’ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298. He would also plead that the income must be taken to be more than Rs.2,400/-. If there was any particular evidence available for me to make a higher estimation, I would do so but I have no more details than what is contained in the order that he was a student. I would, therefore, adopt the same income as taken by the Tribunal. I take 50% deduction for personal expenses and adopt a multiplier suitable to the age of the parents where the younger of two was 42 years, and the appropriate multiplier would, therefore, be 14. The loss of dependency is, therefore, be Rs.2,01,600/-. The Tribunal has awarded Rs.2,000/- towards funeral expenses, Rs.2,500/- towards loss to estate and Rs.4,500/- towards loss of love and affection for the parents. I will make no change except to provide for Rs.5,000/- instead of Rs.2,500/- towards loss to estate and retain the remaining. The total amount of compensation would come to Rs.2,13,100/- and the amount in excess over what was determined by the Tribunal already shall attract interest at 6% from the date of petition till date of payment. The liability shall be in the same manner as determined by the Tribunal. In terms of the award of the Tribunal, the Insurance Company shall make the payment and recover the same against the insured. The appeal in FAO No.531 of 2005 is allowed to the above extent. 2. The appeal in FAO No.532 of 2005 is also for enhancement FAO No.531 of 2005 (O&M) - 3 - of compensation for injuries suffered in an accident by the claimant that detained him at the hospital at the Dental College, Yamuna Nagar, for 15 days. Dr. Parveen Sharma had examined him and give a report to state that he was suffering from a permanent disability of 35% for teeth, jaw etc. I would provide for the loss of amenities resulting from the injuries in his mouth, the details of which are not yet fully known, at Rs.17,500/- and I would also provide for loss due to pain and suffering at Rs.15,000/- instead of Rs.5,000/- awarded by the Tribunal. I would also provide Rs.2,500/- towards transportation charges. This would mean an additional amount of Rs.30,000/- which will carry interest @ 6% from the date of petition till date of payment. The liability shall be in the same manner as determined by the Tribunal and the insurer will have a right of recovery as provided by the Tribunal. 3. The appeal in FAO No.532 of 2005 is allowed to the above extent. (K.KANNAN) JUDGE 14.01.2011 sanjeev