FAO No.2812 of 2011

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.2812 of 2011

DATE OF DECISION: January 7, 2013

AKASHBIR SINGH & ANR.

...APPELLANTS

VERSUS

NEW INDIA ASSURANCE CO. LTD. & OTHERS ...RESPONDENTS

CORAM:

HON'BLE MR.JUSTICE M.JEYAPAUL.

1.

Whether the judgement should be reported in the digest? Yes/No

PRESENT: MR.H.S. BEDI, ADVOCATE FOR THE APPELLANTS.

MR. SUVEER DEWAN, ADVOCATE FOR RESPONDENT NO.1.

M.JEYAPAUL, J.(ORAL)

1.

The widow, minor son and father of the deceased Jatinderbir

Singh aged 30 years at the time of accident have come forward with the

present appeal.

2.

The Tribunal has assessed the age of the deceased at 30 years.

But instead of applying the multiplier of '17' as per the decision of Hon'ble

Supreme Court in Sarla Verma vs. DTC, (2009) 6 SCC 121, it has adopted

the multiplier of '15'. Further, the Tribunal assessed the monthly income of

the deceased at `5000/- inspite of the income tax returns filed by the

appellants showing the income of the deceased in ascending order. In fact,

the Tribunal assessed the monthly income of the deceased based on the

average income as evidenced by income tax returns filed by the