IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.545 of 2000 (O&M) Date of decision:15.11.2010 Smt. Sudha Devi and others ....Appellants versus Balwan Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Jitendra Sharma, Advocate, for the appellants. Mr. Tribhuvan Dahiya, Advocate, for respondent No.1. Mr. Kunal Garg, AAG, Haryana. . ---- 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 is at the instance of the claimants seeking for enhancement of compensation for death of husband of the first claimant. The other claimants were two minor sons. The deceased was aged 34 years and the Tribunal had taken the multiplier of 17 and took the extent of dependency after deducting 1/3rd of the salary. The learned counsel appearing for the claimants would seek for enhancement on the ground that the Tribunal did not provide for prospect of increase in salary and did not also provide for funeral expenses. FAO No.545 of 2000 (O&M) - 2 - 2. I will adopt the formula as enunciated in Sarla Verma and others Versus Delhi Transport Corporation and another-2009 ACJ 1298 and take the prospect of future increase at 50% of what he was earning and take the average monthly income at Rs.6,000/-. I would make deduction of 1/3rd for personal expenses and take the contribution to the family at Rs.4,000/- per month and adopt a multiplier of 16 instead of 17 as taken by the Tribunal. The loss of dependence would be Rs.7,68,000/-. I will add Rs.5,000/- towards loss of consortium to the wife and Rs.2,500/- each as loss of love and affection for each one of the minor children. I will add another Rs.5,000/- as loss to estate and Rs.2,500/- as funeral expenses. The amount payable in all would be Rs.7,85,500/-. 3. The Tribunal has already awarded Rs.5,50,800/- and the amount now found in excess shall attract interest at 6% from the date of petition till date of payment. 4. Having regard to the fact that I have adopted a multiplier of 16 and the accident had taken place from 13 years before, I will direct 75% of the increase to be withdrawn and the remaining 25% shall stay in deposit for a period of 5 years in a nationalized bank in the following fashion. 5. The respective share of the claimants shall be equally distributed. As regards the 25%, the first 5% for each share shall be for a period of one year, the next 5% for two years and so on upto the last 5% for a period of 5 years and the respective amounts shall be paid on maturity to each one of the claimants. At the time of filing of the petition, FAO No.545 of 2000 (O&M) - 3 - the petitioners 2 and 3 have been minors and they must have obtained majority by now. It shall be open to the claimants to apply for educational expenses, if any special circumstances exist for any pre- mature withdrawal and any such application shall be moved before the Tribunal, who shall pass appropriate orders on consideration of special circumstances. 6. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 15.11.2010 sanjeev