FAO No.189 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.189 of 2002 Date of Decision. 14.02.2011 Raj Rani and others ......Appellants Versus Manjit Singh son of Sh. Amar Singh and others .....Respondents Present: Mr. Ishwar Lal, Advocate for the appellants. None for respondents No.1 and 3. Mr. Sanjiv Pabbi, Advocate for respondent No.2. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 for enhancement of compensation for death of a male, who was aged 40 years. The claimants were widow, two minor daughters, one minor son and mother. The Tribunal had taken the income at Rs.2,000/- against evidence tendered by the wife that he was a milk vendor and even at the time when the accident had taken place, there were milk drums attached to the cycle, which he was riding. There was also evidence through another Halwai, who gave evidence that he was assisting him and was making a living through the said avocation also. The estimation of income at Rs.2,000/-, in my view, would be grossly low when the evidence was that he was earning around Rs.6,000/-. I would take the income at Rs.3,000/- and will reappraise the compensation as per the formula suggested by the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121. I will take the deduction at 1/4th and also FAO No.189 of 2002 -2- provide for conventional heads of claim as suggested in the aforesaid decision. The compensation is tabulated below:- FATAL ACCIDENTS Age 40 years Occupation Milk vendor Claimants Wife, two minor daughters, one minor son and mother Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) 1 Income 2000 3000 2 Add, % of increase 30% / 50% 3 Average monthly income x 12 4 Deduction (1/2 , 1/3, 1/4, 1/5) 1/3rd 1/4th 5 Multiplicand 2250x12 6 Multiplier 12 15 7 Loss of dependence 4,05,000 8 Medical Expenses & Transportation -- -- 9 Loss of Consortium and love and affection for minor children 5000 20000 10 Loss to estate 11 Funeral expenses 5000 2500 Total 2,09,100 4,32,500 2. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. The additional amount of compensation awarded shall be distributed equally amongst widow and children only. The minors' shares will be retained in a deposit during the minority and will be released on attaining the respective dates of majority. The liability shall be in the manner as determined by the Tribunal. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE February 14, 2011 Pankaj*