IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.178 of 1989 (O&M) Date of decision:02.02.2011 Mst. Phuli Devi and others ....Appellants versus Shri Bhajan Singh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Neeraj Khanna, Advocate, for Mr. L.M. Suri, Senior Advocate, for the appellants. None for respondents 1 and 2. Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for respondent No.3. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? Yes. 2. To be referred to the reporters or not ? Yes. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The appeal is for enhancement of compensation of a 25 years old bachelor, who was a school teacher and shown to have had earning Rs.1,584/-. The Tribunal awarded Rs.1,32,000/- as compensation payable to the claimants, who were the widowed mother, three minor sisters and one minor brother. In the manner of deduction, the Court allowed for 2/3rd of his income for a contribution to the family and adopted a multiplier of 11. I would provide for an increase of 50% for the deceased, who had a permanent employment and having regard to the special circumstances that the father of the deceased had already expired FAO No.178 of 1989 (O&M) - 2 - and was a earning member, he had a special responsibility to take care of his widowed mother, three minor sisters and minor brother. I will, therefore, take 1/3rd deduction as taken by the Tribunal as appropriate and would adopt a multiplier of 14 instead of 11. The learned counsel for the Insurance Company would point out that the decision of the Hon'ble Supreme Court in Sarla Verma and others Versus Delhi Transport Corporation and another 2009(6) SCC 121 advocates for a 50% deduction and even in cases where there are large number of dependents, it cannot vary very much. We are addressing the issue of compensation for a family which perhaps has gone through all travails by death of their earning member. All the claimants have perhaps even come off age and have known to look after themselves. Awarding of compensation at this length of time perhaps interests none of the parties in this case. Not, deciding this long ought to have meant gross injustice. The systemic fallibilities have not helped us put in place a method of resolving disputes in a reasonably time bound manner. At least in cases where the tools of determination of compensation are fairly simple, the disposals ought to be quick and such assessments cannot be parsimonious. The compensation now may not alleviate the agony already caused, who had lost the bread winner but it ought not to at least be seen as an insensitive assessment. 2. The compensation is tabulated as follows:- Sr.No. Heads of claim Tribunal High Court Amount (Rs.) Amount (Rs.) Age: 25 Occupation: School teacher Claimants: widowed mother, 3 minor sisters, 1 minor brother FAO No.178 of 1989 (O&M) - 3 - 1. Income 1,584 1,584 2. Add, % of increase - 50% =2376 3. Deduction 2/3 2/3 4. Multiplicand 1,020 1,584 5. Multiplier 11 14 6. Loss of dependence - 2,66,112 7. Loss to estate - 2,500 8. Funeral expenses. - 1,400 _______ ________ Total 1,32,000 2,70,012/- 3. The amount in excess of what has been determined by the Tribunal already shall attract interest at 6% from the date of petition till date of payment. 4. The increase in compensation shall be payable in the ratio of 2:1:1:1:1. The liability of the Insurance Company is limited to Rs.1,50,000/- and the amount in excess shall be borne by the owner of the vehicle involved in the accident. 5. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 02.02.2011 sanjeev