FAO No. 2315 of 1999 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 2315 of 1999 Date of decision March 3, 2011 Ramesh Kumar ....... Appellant Versus Satish and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Ramesh Hooda, Advocate for the appellant. Mr. Sanjiv Pabbi , Advocate for respondent No.3. None for respondent Nos.1 and 2. **** 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 for enhancement of claim for compensation made at the instance of the husband of the deceased for the loss occasioned on account of the death and also for some injuries sustained by him in the same accident. It was a composite claim petition. The death and a claim as a representative and injury resulting in claim constitute distinct causes of action and under normal circumstances there must have been two different petitions. However, I state this only for the sake of record but I will not take it as a ground for rejecting the claim or for foreclosing any ground urged by the appellant. The Tribunal had assessed a compensation of `80,000/- for death of the wife and provided `10,000/- FAO No. 2315 of 1999 2 for injuries suffered by the claimant and `5,000/- for damage to the cycle. The injury suffered by the claimant was a fracture of calcaneum and some minor abrasions. I will retain the same as regards the claim to injuries and the damage to the cycle. 2. As regards the claim for compensation for death of the wife, the contention was that she was an agricultural labourer and she augmented her daily resource by selling milk and earning about `2500- `3000/-. I will take the contribution to the husband at `1,000/- and adopt a multiplier of 18 depending on the age of the deceased. I will also add conventional heads of claim as tabulated below:- Age 21 Occupation Housewife Claimants Husband S.No. Heads of Claim Tribunal High Court 1 Multiplicand 1000x 12 Multiplier 18 Loss of dependence `2,16,000/- Loss of consortium `5,000/- Loss to estate `2,500/- Funeral expenses `2,000/- Total 80,000/- `2,26,000/- The damage to vehicle and for injuries are retained. 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 liability shall be in the same manner as determined by the Tribunal. The appeal is allowed to be above extent. (K. KANNAN) JUDGE March 3, 2011 archana