FAO No. 7414 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 7414 of 2010 Date of decision December 23, 2010 Parampal Singh and another ....... Appellant Versus Nirmal Kaur and others ........Respondent CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. JPS Sandhu, Advocate for the appellant. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. The appeal is at the instance of the driver of the tractor challenging the quantum of compensation and the issue of negligence. The claim arose out of death of a constable in BSF who while going in a Car met in a collision course with the appellant's tractor. While applying with the issue of negligence, the Tribunal found that it was a head on collision and when two vehicles coming from opposite directions, must be taken that there was negligence by both drivers. The Tribunal also reasoned that there was nothing on record to show that any other vehicle intervened therein and therefore both the vehicles i.e. the car in which the deceased was travelling as well as the tractor were responsible for the accident. Finding that the deceased was himself guilty of contributory negligence after assessing of compensation of Rs.12,00,000/-, the Tribunal had directed only 50% of the amount as payable to the claimants and marked 50% abatement of the claim. Even the assessment of FAO No. 7414 of 2010 2 compensation was modest since, the Tribunal has adopted a multiplier of 10 for person who was aged 47 when there are authorities that provide for even higher value of multiplier. There is no scope for interference either on the issue of negligence or quantum and I, therefore confirm the award and dismiss the appeal. (K. KANNAN) JUDGE December 23, 2010 archana