FAO No.4609 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4609 of 2002 Date of Decision.16.12.2010 Charanjit Kaur aged about 40 years and others ......Appellants Versus Major Singh son of Jagir Singh and others ......Respondents Present: Mr. G.S. Bawa, Advocate for the appellants. None for respondent No.1. Mr. Kunal Garg, AAG, Haryana for respondent Nos.2 and 3. Mr. R.C. Kapoor, Advocate for respondent No.4. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 for the death of an agriculturist owning about 30 acres of land and having his own tractor. The father of the deceased had already expired and the claimants were the mother, two minor sisters and grand parents. Learned counsel states that he was literally supporting the whole family and he was a progressive agriculturist managing a large extent of land. I would factor the issue relating to the managerial skills of an agriculturist for about 30 acres of land as more substantial and the fact that he also used to drive the tractor but the family may have to engage the services of a driver especially after his death. I would take the loss of the value of his services and the income that he could bring FAO No.4609 of 2002 -2- by his own labour at Rs.5,000/- and take a deduction of 1/4th for personal expenses having regard to the fact that he was supporting his family of mother, two sisters, who were both minors and unmarried and grand parents as well, in view of the fact that his father had already died. The Tribunal had taken a multiplier of 8 in a case where the mother was said to be 40 years. I am of the view that the multiplier of 15 would be appropriate in such a situation which is peculiar in its own way that he may have supported the family even after marrying off the sisters, his mother and grand parents for the rest of their life span. I will provide for loss of love and affection to the mother at Rs.5,000/- and add a further sum of Rs.2500/- towards funeral expenses. There is fairly a large estate in terms of agricultural lands that he had possessed and therefore, I am not making any provision of loss to estate. The Tribunal had already granted Rs.1,28,000/- and in the above manner of reckoning, the total amount of compensation will be Rs.6,82,500/-. The amount in excess over what has been awarded by the Tribunal shall bear interest @6% from the date of the petition till the date of payment. 2. It is represented by the counsel that the grand father has died during the course of the proceedings. The mother shall amongst the sharers be entitled to 45% share, two sisters shall take 20% each between themselves and the grand mother shall be entitled to 15% share. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE December 16, 2010 Pankaj*