FAO No.1424 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.1424 of 2010 Date of decision January 19, 2011 Baljeet Kaur ....... Appellant Versus Nanak Chand and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Vijay Lath , Advocate for the appellant. None for respondent Nos.1,2 and 4. Mr. Vikas Mohan Gupta , Advocate for respondent No.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 person who was said to be 34-35 years and who was making a living as a Real Estate agent. The claim is prosecuted by the widow and the mother of the deceased who was cited as fourth respondent. In the absence of any documentary evidence, the Tribunal took the income to be `3,000/- per month, took the extent of dependency at 2/3rd and adopted a value of the multiplicand at `24,000/- and applied a multiplier of 14. I would retain the value of the multiplicand but adopt a multiplier of 16 as suggested by the decision of the Hon'ble Supreme Court in Sarla Verma FAO No.1424 of 2010 2 Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121 and taking loss of dependency at `3,84,000/- and also add `.16,000/- towards the conventional heads of claim towards loss of consortium, loss of estate and funeral expenses and round off the claim at `.4,00,000/-. In the manner of apportionment, having regard to the fact that the deceased was a young man of 34 years and the widow was also a young lady, It shall be distributed between the widow and the mother in the ratio 2:1, the widow taking twice as much as the mother. The liability for the amount shall be in the same manner as determined by the Tribunal. 2. As far as the share of the mother is concerned the same could be allowed to be withdrawn immediately. As far as the appellant claimant's share is concerned, the accident had taken place in the year 2007 and since I have adopted a multiplier of 16, I would direct that 30% of the amount in excess will be immediately permitted to the withdrawn and the remaining amount of 70% shall be retained in a deposit for a period of 5 years by splitting the amount in five equal shares keeping the first share for a period of one year, second share for a period of two years and so on up to 5 years and the amount shall be paid at the respective dates of maturity. The amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. 3. The appeal is allowed to be above extent. (K. KANNAN) JUDGE Jaunary 19, 2011 archana