FAO No. 4193 of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 4193 of 2003 Date of decision January , 2011 Bhajan Kaur and others ....... Appellant Versus Yash and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. G. S. Sandhu, Advocate for the appellant. Mr. R.C. Gupta, Advocate for the Insurance Company. None for respondent Nos.1 and 2. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J (oral). 1. The appeal is for enhancement of compensation for a person aged 30 years. The deceased was said to be an agriculturist. The evidence was that he used to be earning `10,000/- per month. The deceased left behind the widow, two minor children and aged mother. The Tribunal took the monthly income at `1500/-. Learned counsel contends that even if, he had been an agriculturist labour, he would have earned at least `100/- a day. If his productive income were to be taken for nine months even then average income would be `2500/-. I will take the income at `25,000/- per year provide for 1/4th deduction for personal expenses and take a contribution to the family at `18,750/-. I will adopt a multiplier of 17 FAO No. 4193 of 2003 2 for a person who was aged 30 years and take the dependency at `3,18,750/-. I will provide for a further sum of `5,000/- for loss of consortium and `5,000/- for loss of love and affection for each of the minor children. I will make further deduction of `2500/- for loss of estate and `2,500/- for funeral expenses and take the total amount of compensation at `3,38,350/-. The Tribunal has already awarded `1,82,000/- and the amount in excess of what has been determined by the Tribunal will attract interest at 6% per annum from the date of petition till the date of payment. The amount increased shall be distributed only amongst the widow and minor children. 2. The accident has taken year in year 2000 since I have provided for a multiplier of 17, I will provide 75% of the amount to be withdrawn and the remaining 25% shall be retained in deposit. As far as major claimant is concerned it shall be repaid in 5 years splitting up the 25% of the amount equally, first share for one year, second share for two years and so on up to 5th year. If there is any minor claimant the whole of the amount shall be retained and shall be refunded to the extent of 80% on the date of attaining majority and remaining 20% shall be kept for a period of four years, splitting up the figure in the equal shares, first share for one years, second share for two years and so on till the 4th year. The appeal is allowed to the above extent. (K. KANNAN) JUDGE January 20, 2011 archana