F.A.O.NO. 2143 OF 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2143 OF 2002 Date of decision:18th November, 2010 Tarawati wife of Partap Singh(mother of the deceased Dharampal) and another .......Appellants Versus Shamsher and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Sandeep Kotla, Advocate, for the appellants. Mr R.C.Gupta, Advocate, for the Insurance Company. 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 for enhancement of compensation is at the instance of the claimants who were mother and the father. The Tribunal took the income of the deceased as Rs. 2,400/- per month, provided for an extent of dependence 1/3rd of his income as Rs. 800/- per month and adopted a multiplier of 15. It found loss of dependency at Rs. 1,44,000/-, it added Rs. 11,000/- for medical expenses and provided for additional amount of Rs. 8,000/- towards transportation and funeral expenses. F.A.O.NO. 2143 OF 2002 2 Having regard to the fact that the income was less than Rs. 3,40,000/- I would apply the scale of compensation under Section 2 of the Motor Vehicles Act. FATAL ACCIDENTS Age 22 years Occupation Driver/Agriculturist Claimants Mother and Father Heads of claim Tribunal High Court Sr. No. Amount(Rs) Amount(Rs) 1 Income 2400 2400 2 Add, % Increase 30% / 50% 3 Average monthly income x 12 4 Deduction ½, 1/3, ¼, 1//5, 2/3 2/3rd 1/3rd 5 Multiplicand 800 x 12 1600 x 12 6 Multiplier 15 17 7 Loss of dependence 1,44,000 3,26,400 8 Medical expenses 11000 11000 9 Loss of consortium --- ..... 10 Loss to estate --- 2500 11 Funeral Expenses 8000 2000 Total Rs. 1,63,000/- 3,41,900 The amount in excess over what has already been awarded by the Tribunal will bear interest at 6% form the date of the petition till the date of payment. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 18th November, 2010 Shivani Kaushik