FAO No. 60 of 1994 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 60 of 1994 Date of decision February 10 , 2011 Saroj Bala and others ....... Appellant Versus Pehlu and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Sudhir Aggarwal, Advocate for the appellant. Mr. R. K. Bashamboo , Advocate for respondent No.3. Mr. S. P. Singh, Advocate for Mr. Amit Rawal, Advocate for respondent No.4. None for respondent Nos. 1,2 and 5. **** 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 aged 40 years. He was said to be a photographer and also earning income as a saw machine operator. The Tribunal accepted the status and the source of income for the deceased through seven witnesses who spoke about his profession as a photographer and his avocation as a saw machine operator. However, he took the income at `2,000/- per month. Learned counsel states that even a village labourer at that time was getting `100/- per month and the assessment of income was grossly low. Having regard to the fact that the Tribunal had before it a FAO No. 60 of 1994 2 large volume of oral evidence who spoke about the status of the deceased and having regard to the fact that he was carrying on a profession in the District Gurgaon, I would take income as `3,500/-. The amount will be reassessed keeping in view the decision of Hon'ble Supreme Court of India in Sarla Verma Vs.Delhi Road Transport Corporation reported in (2009) 6 SC 121 As regards the choice of multiplier, the deduction to be applied under conventional heads of claim is as tabulated below:- S.No. Head of claim Amount 1 Loss of dependency `4,72,500/- 2 Loss of consortium `12,500/- 3 Loss to estate `2,500/- 4 Funeral expenses `2,500/- Total `5,00,000/- The amount in excess of what has been awarded by the Tribunal shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. The increased compensation shall be distributed equally amongst the widow and three children only. The liability shall be in the same manner as determined by the Tribunal. (K. KANNAN) JUDGE February 10, 2011 archana