FAO No.871 of 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.871 of 2000 DATE OF DECISION: February 23, 2011 HARBANS LAL AND ANOTHER ...APPELLANTS VERSUS AMRIK SINGH & 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: MR. VINOD ARYA, ADVOCATE FOR THE APPELLANTS. NONE FOR RESPONDENTS NO.1 AND 2. MR. R.C.KAPOOR, ADVOCATE FOR RESPONDENT NO.3. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim for compensation for death of a person alleged to have been 45 years of age. He was said to be having a dairy farm and earning `5000-`6000/- per month. The claimants were widow and son. The accident had taken place on 15.7.1996 and he died two days later after a failed treatment at PGI, Chandigarh. The evidence of the son was that he had spent about `40,000/- for medical expenses. 2. The Tribunal rejected the claim for medical expenses. In the absence of any specific evidence about the income, the Tribunal took the income to be `2000/- per month. The Tribunal took the age of the deceased at 55 which was stated in the post mortem certificate. Either in the assessment of the age or the income I will find no scope for modification. The Tribunal had adopted a multiplier of 7 which in my view was low and I would raise it to 11. I will also provide for medical expenses to a tune of `5000/- although, no documentary evidence was given by the fact that the FAO No.871 of 2000 -2- deceased had been brought to PGI, Chandigarh and was taking the treatment for two days before he ultimately succumbed. His dead body must have been taken to village and he must have incurred transport expenses also. I will also make further provision for the conventional heads of claim and tabulate the entitlement of the claimants as follows:- Fatal Accidents Age: 45/55 Occupation Diary Farm Claimants Widow, Son Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 2000 2000 2. Add % of increase 30%/50% Nil 3. Deduction (1/2,1/3, 1/4, 1/5) 1/3 1/3 4. Multiplicand 1400 1400 5. Multiplier 7 11 6. Loss of Dependence 1,84,800 7. Medical Expenses + Transport Expenses 5000 8. Loss of Consortium + loss of love and affection 5000 9. Loss to Estate 2500 10. Funeral Expenses 2400 2400 Total 1,20,000/- 1,99,700/- 3. The amount in excess over what has been determined by the Tribunal shall attract interest @ 6% from the date of petition till the date of payment. The amount shall be distributed in the ratio of 75:25 between the widow and the son. 4. The liability shall be in the same manner as determined by the Tribunal. 5. The appeal is allowed to the above extent. February 23, 2011 (K.KANNAN) Gulati JUDGE