IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1607 of 1999 (O&M) Date of decision:22.02.2011 Smt. Rij Kaur and others ....Appellants versus Shri Gurnam Singh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Anurag Goyal, Advocate, and Mr. Ashish Chaudhary, Advocate, for the appellants. None for respondent No.1. Mr. Kunal Garg, AAG, Haryana, for respondents 2 and 3. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The appeal is for enhancement of compensation for death of a male, aged 32 years. The claimants originally were widow, three minor children and the mother. A child in the womb at the filing of the petition was later born and there was evidence by the mother that the posthumous child was conceived when the deceased Jasbir Singh died in the accident. 2. The evidence of the claimant-widow was that her husband was running a business of karyana-cum-general store and he was also making an earning by the sale of bangles and that he used to hand over FAO No.1607 of 1999 (O&M) - 2 - Rs.3,000/- to meet the household expenses. In the absence of any documentary evidence, the Tribunal took the income at Rs.1,500/- and determined a compensation of Rs.1,97,000/-,which included Rs.5,000/- for loss of consortium without love and affection. 3. The enhancement is sought on the basis of the assessment of income was low and the deduction for personal expenses was also on the higher side. It is contended by the learned counsel that in 1990, he could not support a large family at Rs.1,500/-. It is unfortunate that this evidence was not proved but I will go with what the widow stated that her husband used to give Rs.3,000/- for household expenses. I will take the income at Rs.3,000/- make a deduction of 1/4th and also provide for loss of love and affection for the minor children @ Rs.2,500/- in addition to what was provided by the Tribunal. I tabulate the compensation with the conventional heads of claim for loss to estate and funeral expenses as well:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) 1. Income 1,500 3,000 2. Add, % of increase 3. Deduction 1/3 1/4 4. Multiplicand 1000x12 2250 x 12 5. Multiplier 16 16 6. Loss of dependence 1,92,000 4,32,000 7. Loss of consortium & loss 5,000 15,000 of love and affection 8. Loss to estate 2,500 9. Funeral expenses. 2,000 _______ _______ Total 1,97,000 4,51,500 4. The amount in excess over what has been determined by the Tribunal already shall attract interest at 6% from the date of petition till date of payment. FAO No.1607 of 1999 (O&M) - 3 - 5. The additional amount shall be distributed equally amongst the widow and the children only. 6. The appeal is allowed to the above terms. (K.KANNAN) JUDGE 22.02.2011 sanjeev