FAO No.2471 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2471 of 1999 DATE OF DECISION: February 22, 2011 SMT. MOHAMADDI & OTHERS ...APPELLANTS VERSUS MAHENDER SINGH & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? Yes/No 2. To be referred to the reporters or not? Yes/No 3. Whether the judgement should be reported in the digest? Yes/No ---- PRESENT: NONE FOR THE APPELLANTS. NONE FOR RESPONDENTS NO.1. MR. KUNAL GARG, AAG, HARYANA. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement of claim for compensation for for the death of a Muhamedan male aged 35. The claimants were widow, two minor sons, three minor daughters, two daughters who had been married of and a father. The evidence of the widow was that the deceased was doing agriculture operations and cultivating lands on batai and earning `10,000/- per month. The Tribunal found no documentary evidence to support such a claim and held that even a labourer would have earned `800/- and took the income of the deceased at `2000/- per month. I will provide a slightly higher amount for, he had a large family to support and it is difficult to believe that a person would have supported a family with 7 dependents with just `2000/-. It must also be borne in mind that he had married of two daughters, which in Indian social conditions would not have been possible on an income of `2000/-. I will reappraise the compensation in the light of the law laid down by the Hon'ble Supreme Court in Sarla Verma vs. DTC, reported as 2009 6 SCC 121, as regards the deduction for FAO No.2471 of 1999 -2- personal expenses and the choice of multiplier and tabulate the compensation as below:- Fatal Accidents Age: 35 Occupation Agriculture Claimants Widow, 2 minor sons, 3 minor daughters, 2 daughters Heads of Claim Tribunal High Court Sr.No. Amount ` Amount ` 1. Annual Income 2000 3000 2. Add % of increase 30%/50% Nil 3. Deduction (1/2,1/3, 1/4, 1/5) 1/4 4. Multiplicand 1200 x 12 5. Multiplier 15 16 6. Loss of Dependence 7. Medical Expenses 8. Loss of Consortium + loss of love and affection 17,500 9. Loss to Estate 2500 10. Funeral Expenses 4000 4000 Total 2,20,000/- 4,56,000/- 2. 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 additional amount of compensation shall be distributed only between the widow and the children only. 3. The liability shall be in the same manner as determined by the Tribunal. 4. The appeal is allowed to the above extent. 5. There is no representation on behalf of the appellant. The Registry is directed to despatch copy of the order to the first claimant who is the wife of the deceased person. February 22, 2011 (K.KANNAN) Gulati JUDGE