F.A.O.NO. 3601 OF 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 3601 OF 2003 Date of decision:26th October, 2010 Lakhi Chand and another .......Appellants Versus Gurmeet Masih and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Ms. Manisha Setia, Advocate for Mr. Ashit Malik, Advocate, for the appellants. Mr. Ravinder Arora, 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) The appeal is for the enhancement of compensation for death of the claimants son who was aged 20 years. The evidence led was that he was labourer earning Rs. 4,000/- per month. The Tribunal assessed the income at Rs. 2,100/- provided for a deduction of 1/3rd and took the dependency to be Rs. 1,400/- per month or 16,800/- per annum. The Tribunal however, took the age of the parents as relevant for applying a multiplier of 7. There is no basis for such a reckoning. Even under Schedule II if the formula is to be applied the age of the F.A.O.NO. 3601 OF 2003 2 deceased alone shall be relevant. The compensation so reckoned will therefore, be Rs. 16,800/-. Multiplier of 16 shall yield Rs. 2,68,800/- as the compensation payable. The Tribunal has already awarded Rs. 10,000/- for last rites, loss of love and affection and loss to estate. The same shall be retained. Consequently, there shall be an award of Rs. 2,78,800/-. The Tribunal has already awarded Rs. 1,17,600/-. The amount in excess over what has already been determined by the Tribunal shall attract 6% interest from the date of the petition till the date of payment. The amount of compensation is enhanced and the appeal is allowed to the above extent. [K.KANNAN] JUDGE 26th October, 2010 Shivani Kaushik