FAO No.738 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.738 of 1991 DATE OF DECISION: February 4, 2011 MANJU GUPTA AND OTHERS ...APPELLANTS VERSUS HARI RAM AND OTHERS ...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: NONE FOR THE APPELLANT NONE FOR RESPONDENTS NO.1, 2 & 4 TO 6 MR PAUL S. SAINI,ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim of compensation for death of one Satish Kumar in a motor accident that took place by the collision of the car and the bus. The claimants were the widow, sons and mother of the deceased. The Tribunal found that both the vehicles were responsible for the accident and while determining the compensation directed 50% of the amount to be paid by the UPSRTC, the owner of the bus and the insurer of the car. 2. Deceased Satish Kumar was said to be 35 years of age and said to have been engaged in the business of export of artificial jewellery under the name and style of M/s Novelty Jewellery Emporium, Dariba, Delhi and his monthly income was said to be `25,000/- from his business. He was said to be an income tax assessee and the wife had given evidence to the effect that the deceased used to give `10,000/- to her per month for FAO No.738 of 1991 -2- household expenses. The widow claimed that one of four children was born with handicap and a lot of money was being spent for the treatment. She gave evidence to the effect that 65% of the share of the income in the business was to go to her husband while 35% of the share was coming to the parents as persons having proprietary interest proportionately. The income tax return for the assessment year 1989-90 showed a business profit and the return of the assessment year for the year 1987-88 showed the income at `1,41,940/-. The Tribunal took that the average monthly income was `9,324/-. It was suggested to her that if the shop had been let out that itself would fetch about `50,000/- to `1 lac. The Tribunal took the loss of dependence at `1500/- per month and adopted a multiplier of 14. Both as regards the choice of multiplier as well as the loss of dependence in the manner, the Tribunal had committed very serious error. When it was shown that the deceased was running a business in Delhi and that he was an income tax assessee and the firm was returning an income over a lac of rupees in the year 1986-87, the assessment of income at `1500/- makes a mockery of documents that had been filed in Court. I would take the average income to be `9500/- as documents would show after tax, make a deduction of 1/4th for personal expenses and take the monthly contribution to the family at `7125/-. He was aged 35 years and I will adopt a multiplier of 16 to hold the loss of dependency at `13,68,000/-. I will add a further sum of `5000/- towards loss of consortium to the wife, and `2500/- for each of the two minor children. I will make further addition of `5000/- towards loss to estate and `2500/- towards funeral expenses. In all the total compensation will be payable as `13,85,500/-. The amount in excess over FAO No.738 of 1991 -3- what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. The liability shall be in the same manner as determined by the Tribunal and it shall be shared as 50% liability on the UPSRTC and 50% on the insurance company for the car. 3. The appeal is allowed to the above extent. The x-objection is dismissed. 4. There is no representation for the appellants at the time of calling of the case and I have taken up and disposed the case having regard to the long pendency of the case. The Registry is directed to communicate the order to the appellants directly. February 4, 2011 (K.KANNAN) Gulati JUDGE