` FAO No.429 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.429 of 1992 DATE OF DECISION: January 21, 2011 MOHINDER KAUR AND OTHERS ...APPELLANT VERSUS SHANGARA SINGH 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 RESPONDENT NO.1. MR. A.P. KAUSHAL, ADVOCATE FOR RESPONDENT NO.2. MR. PAUL S. SAINI, ADVOCATE FOR RESPONDENT NO.3. MR. ABHEYPAL SINGH GILL, ADVOCATE FOR RESPONDENTS NO.4. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of compensation for death of an agriculturist who was said to have owned 12 acres of land. The Tribunal took the income at `6000/- p.a. and provided for a compensation of `96,000/-. In my view, the assessment of compensation would require to be enhanced for, the assessment of income is grossly low. Before the Tribunal documentary evidence had been adduced to prove that the deceased had 12 acres of land and he was owner of the tractor. I would take the managerial skills for managing the lands at the relevant time at at least `2500/- per month and take the annual income to be `30,000/-. I would make a deduction of 1/5th on account of the fact that he had a large family to ` FAO No.429 of 1992 -2- support, namely, his wife, four sons and a daughter. I would adopt a multiplier of 14 also provide for loss of consortium at `5000/- for the wife and `2500/- for each one of the five children. Having regard to the fact that the estate remains intact I would not make any separate provision for loss to estate and also provide for `2500/- towards funeral expenses. The total amount of compensation is tabulated as below:- Fatal Accidents Age: 45 Occupation Agriculturist Claimants Wife, 4 sons , 1 daughter Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 6000/- p.a. 30,000/- 2. Add % of increase 30%/50% - 3. Deduction (1/2,1/3, 1/4, 1/5) 1/5 4. Multiplicand 24,000/- 5. Multiplier 16 14 6. Loss of Dependence 7. Medical Expenses 8. Loss of Consortium 17,500/- 9. Loss to Estate 10. Funeral Expenses 2500/- Total 96,0000/- 3,56,000/- 2. The amount in excess over what has already been awarded by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. The enhanced amount of compensation shall be distributed amongst all the claimants equally. 3. The liability shall be in the manner provided by the Tribunal already. 4. The appeal is allowed to the above extent. January 21, 2011 (K.KANNAN) Gulati JUDGE