FAO No.3225 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3225 of 1999 DATE OF DECISION: February 24, 2011 SMT. ASHA GOYAL & OTHERS ...APPELLANTS VERSUS NACHHATTAR 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 AND 3. MR. SUMAN JAIN, ADVOCATE FOR RESPONDENT NO.2. MR. N.K. KHOSLA, ADVOCATE FOR RESPONDENT NO.4. K.KANNAN, J.(ORAL) 1. There is no representation for the appellant. I proceed to examine the case on the basis of material available and with the assistance of the counsel appearing for the insurance company. 2. The case arises out of a death of a scooterist who had a head-on collision with the insured's jeep. The Tribunal reasoned, particularly with reference to the evidence of a witness, that there was sufficient space on the road for three vehicles to go and there were katcha portion on the road on both sides. The head-on collision on the road, the Tribunal reasoned, could have been only by the result of negligence of both the drivers and made a particular reference to the decisions of this Court cited in 1993(1) PLR 757 and 1989(2) PLR 475. I cannot find any error in the apportionment of liability and its finding that both the vehicles were FAO No.3225 of 1999 -2- responsible for the accident. 3. The deceased was engaged in the business of flour-mill and no documentary evidence has been produced about the income. The Tribunal assessed the compensation on the basis of taking the income at `3300/- per month and after assessing the amount at `3,69,600/- the Tribunal made a partial abatement of 50% and held that the amount payable is `1,84,800/- and added `15,000/- for loss of consortium and loss to estate and `10,400/- for funeral expenses. I will reassess the compensation in the light of scales of compensation by the decision of Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121 and tabulate the claim as follows:- Fatal Accidents Age: 32 Occupation Claimants Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 3300 3300 2. Add % of increase 30%/50% Nil 3. Deduction (1/2,1/3, 1/4, 1/5) 1/4 4. Multiplicand 2475x12 5. Multiplier 16 6. Loss of Dependence 3,69,600 475200 7. Medical Expenses 8. Loss of Consortium + loss of love and affection 15000 15000 9. Loss to Estate 10. Funeral Expenses 10,200 10,200 Total 5,00,400/- 4. The over-all compensation thus derived there shall have an abatement to an extent of 50% and the remaining 50% will be the amount payable to the claimants. The extent of increase over the amount what has FAO No.3225 of 1999 -3- already been awarded by the Tribunal will attract interest @ 6% from the date of petition till the date of payment. The amount shall be distributed between the widow and the children equally. 5. The liability for the awarded amount shall be amongst the respondents in the same manner as determined by the Tribunal. 6. The appeal is allowed to the above extent. February 24, 2011 (K.KANNAN) Gulati JUDGE