YASH PAL Vs. STATE OF HARYANA THROUGH COLLECTOR

JUDGEMENT

(1.) FAO Nos. 469 to 472 of 1987 address the claims of the respective claimants seeking for enhancement of compensation.

(2.) FAO No. 469 of 1987 is at the instance of the children of the deceased, who was their mother aged 53 years. She was house wife and the claimants were adult sons and daughters. The post-mortem certificate revealed that she was aged 58 years and in oral evidence, it had been stated that she was aged 56 years. The Tribunal considered the fact that the eldest son was 38 years of age and therefore, took that deceased must have been 58 years of age. Learned Counsel states that the age itself was not in dispute and the age as entered in the postmortem and what was spoken to by the witness ought to have been, therefore, accepted. I will accede to such a contention and take the age to be 53 years. The claimants were said to be members of the joint family with their mother and their father had already expired. I will take the value of the domestic service contributed to the family at Rs. 1,000/- per month and adopt a multiplier of 11 and take the loss of dependence at Rs. 1,32,000/-1 will make a further addition of Rs. 3,000/- towards funeral expenses and round off the figure at Rs. 1,35,000/-. The amount in excess over what has been already directed shall also attract interest @6% from the date of the petition till the date of payment and it shall be distributed equally amongst all the claimants.

(3.) FAO No. 469 of 1987 is allowed to the above extent.