F.A.O.NO. 2413 OF 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2413 OF 1998 Date of decision:8th October, 2010 Paramjit Kaur and others .......Appellants Versus Punjab State through Secretary State Transport, Punjab, Chandigarh and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. V.K.Kaushal, Advocate for Mr. B.R.Mahajan, Advocate, for the appellants. Mr. R.M.Suri, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The appeal is for enhancement, where the state has been made liable. The only ground urged in appeal is that for the choice of multiplier, the Tribunal provided 10 but it ought to have been 14, when the deceased was aged 42 years. The further grievance is that the Tribunal has not provided for future increase in salary when he was in government employment with security of tenure. The decision would therefore, require to be reassessed in the manner set down in Sarla Verma Vs. Delhi Transport Corporation and another (2009) 6 SCC F.A.O.NO. 2413 OF 1998 2 121. The Tribunal has not made any assessment of loss of consortium and loss to estate. The case is therefore, re assessed and the compensation is tabulated as under:- Age 42 years Occupation Sanitary Supervisor under Zila Parishad, Amritsar Claimants Widow and two minor children Tribunal High Court SI No. Heads of claim Amount(Rs) Amount(Rs) 1 Income 4100/- p.m 4100/- p.m 2 Add,% Increase 30%/50% ----- @30.00%= 5,330/- Deduction ½, 1/3, ¼, 1/5 1/3rd 5330 x 1/3rd =1777 4 Multiplicand 3553 x 12=42,636 5 Multiplier 10 42636 x 14=5,96,904 5 Loss of Consortium ----- 5000/- 6 Loss to estate ------ 5000/- 7 Funeral Expenses 2000/- ----- Total(Rs.) 3,26,000/- 6,06,904/- 2. In all, the total amount would become payable Rs. 6,06,904/. The amount in excess shall bear interest at 6% per annum from the date of the petition till the date of payment. The appeal is allowed granting the enhancement of compensation as above. The mode of apportionment of the amount shall be in the same manner as determined by the Tribunal. [K.KANNAN] JUDGE 8th October, 2010 Shivani Kaushik