IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5905 of 2010 (O&M) Date of decision:17.05.2011 Nanak Chand and another ...Appellants versus Vivek Kumar alias V. Kumar alias Virender Kumar and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Anand Kumar Bishnoi, Advocate, for the appellants. ---- 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) CM No.12300-CII of 2011 1. Delay of 25 days in filing the appeal is condoned. CM No.12301-CII of 2011 2. Application is allowed and the case is restored to its original number. FAO No.5905 of 2010 3. The appeal is for enhancement of claim for death of a boy, aged 19 ½ years. He was said to be self-employed. The post mortem had given the age of the deceased as 16 years and, therefore, the Tribunal had assessed the age as 16 in the absence of any other documentary FAO No.5905 of 2010 (O&M) - 2 - evidence. The claimants were father and brother of the deceased. The Tribunal took the income at Rs.3,000/- and after making a deduction of 50%, adopted a multiplier of 13 suitable to the age of the father and discarded the claim on behalf of the siblings. The counsel states that as per the decision of the Hon'ble Supreme Court in Sarla Verma Versus Delhi Transport Corporation and another 2009(6) SCC 121 , the Tribunal must have taken 16 as the multiplier. The Tribunal was adopting a formula which has also been adopted by the Hon'ble Supreme Court in Shakti Devi Versus New India Insurance Company Limited and another-JT 2010 (12) SC 106 that explains Sarla Verma and suggests that in cases where the claim is by parents, an appropriate multiplier shall be with reference to the age of the parents. 4. The overall compensation determined by the Tribunal conforms to law and I find no reason to interfere with the award. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 17.05.2011 sanjeev