FAO No.3449 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3449 of 2010 (O&M) Date of Decision. 10.02.2011 Ms. Pharmuda widow of late Allahdeen son of Sharif and others ......Appellants Versus Tejbir son of Sh. Mai Ram and others .....Respondents Present: Mr. Jatinder S. Chahal, Advocate for the appellants. None for respondent Nos.1 and 2. Mr. Ravinder Arora, Advocate for respondent No.3. 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 daily wager in Forest Department. The claimants were widow, two minor daughters and one minor son. The Tribunal while awarding a compensation of Rs.2,91,000/-, provided for a 1/3rd deduction for personal expenses on an income of Rs.3,000/-, adopted a multiplier of 9 and awarded Rs.35,000/- for medical expenses, Rs.20,000/- for loss of consortium and for funeral expenses provided Rs.20,000/- Learned counsel for the appellants seeks for reappraisal of the award on the basis of the decision of the Hon'ble Supreme Court in Sarla Verma Vs. DTC 2009(6) SCC 121 and he would state that having regard to the large size of the family of four dependents, the deduction must have FAO No.3449 of 2010 (O&M) -2- been 1/4th and not 1/3rd. He would also urge that the multiplier must have been 14 and not 9. I will accede to both pleas and tabulate the compensation as below:- FATAL ACCIDENTS Age 43 years Occupation Daily Wager in Forest Department Claimants Widow, two minor daughters and one minor son Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) 1 Income 3000 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 2000 2250 6 Multiplier 9 14 7 Loss of dependence 2,16,000 378000 8 Medical Expenses & Transportation 35000 35000 9 Loss of Consortium 20000 20000 10 Loss to estate 11 Funeral expenses --- 20000 2500 2500 Total 2,91,000 4,38,000 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 and the liability shall be in the same manner as provided by the Tribunal. 3. The accident had taken place in the year 2007 and having regard to the fact that I have provided for a multiplier of 14, I would, therefore, direct that as regards the widow's share, she will be entitled to a withdrawal of 40% and remaining 60% will be deposited in the Nationalized Bank for a period of 9 years and it shall be split into 9 equal FAO No.3449 of 2010 (O&M) -3- shares, the first share for one year, second share for two years and so on upto 9 years. The amount shall be paid on the respective dates of maturity to the widow. As regards the share of the minor children, the same shall be kept in a deposit in Nationalized Bank during the period of minority. The interest shall be paid to the mother periodically once in three months as representing the amount necessary for maintenance of the children. On attaining the majority, the respective minors will be permitted to withdraw upto 60% and the remaining 40% will be kept in a deposit in a nationalized bank for a period of five years, which will be split into five shares in the same fashion, first share for one year, second share for two years and so on upto five years. The amount shall be paid on the respective dates of maturity of deposits. 4. The appeal is allowed to the above extent. (K. KANNAN) JUDGE February 10, 2010 Pankaj*