FAO No. 44 of 1990 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 44 of 1990 Date of decision January 27 , 2011 Smt. Shakuntla Devi ....... Appellant Versus Sh. Joginder Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. B. R. Mahajan, Advocate and Mr. V. K. Kaushal, Advocate for the appellant. None for respondent Nos.1 to 3. Mr. Inderjeet Sharma, Advocate and Mr. Pardeep Bedi, Advocate for the respondent No.4. **** 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 the death of a person who was aged 30 years and was said to be travelling in a rickshaw and in a collision with truck resulted in his death. The accident took place on 21.10.1986. 2. The two claim petitions were filed, one at the instance of the mother Shakuntla and another at the instance of Asha Rani who was his widow in a MACT case No.9 and 11 of 1987 respectively. The appeal has been filed only by the mother and it appears that an appeal had been filed by the widow also for enhancement. I have been unable to elicit FAO No. 44 of 1990 2 information about ascertainment either of status or regarding pendency having regard to the peculiar circumstance that several records were burnt in the fire that broke down in 1990. I therefore, proceed to pass this order which will enure to the benefit of both the mother and the widow. 3. The Tribunal while determining the compensation took the income to be `1500/-, provided for 1/3rd deduction and adopted a multiplier of 14. Learned counsel states that the appropriate multiplier shall only be 17 and not 14 as taken by the Tribunal. I uphold the contention and find the loss of dependency at `2,04,000/- and also provide for a further sum of `5,000/- as loss of consortium to the wife and further sum of `15,000/- towards loss of estate and funeral expenses. The Tribunal has already awarded `1,68,000/- as compensation payable and the amount in excess of what has been determined by the Tribunal shall attract interest at the rate of 6% per annum from the date of the application till the date of payment. The additional amount shall be distributed equally between the appellant mother-in-law and the widow Asha Rani who was a party in the connected case. 4. The liability of the Insurance Company shall be restricted to `1,50,000/- as per terms of the policy and the same shall be maintained. The additional amount that has been awarded through this order shall be borne by the owner and driver of the truck who was arrayed as respondents No. 1 and 2. The liability shall be on respondent Nos. 1 to 3. The Registry is directed to send a copy of the order to Asha Rani widow of the deceased at both the addresses as mentioned in the MACT No.11 of 1987. The appeal is allowed to the above extent. (K. KANNAN) JUDGE January 27, 2011 archana