FAO No. 4521 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 4521 of 2009 (O&M) Date of Decision : 11.1.2010 Smt. Shanti Devi & another .......... Appellants Versus Constable Anil Kumar & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. B.S. Jaswal, Advocate for the appellants. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 21387-CII of 2009 For the reasons stated in the application, C.M. is allowed, delay of 16 days in re-filing the appeal is condoned. FAO No. 4521 of 2009 This appeal by the claimants / appellants is directed against the award passed by the learned Motor Accident Claims Tribunal, Amritsar vide which the claim filed by the appellants under Section 163-A of the Motor Vehicle Act stands allowed. The appellants were the parents of the deceased Rohit Kumar, claimed compensation on account of his death in a Motor accident. The deceased was 16 years of age, who was claimed to be self employed and had met with an accident with B.S.F. vehicle bearing No. PB-08-BC-9507 on 13.3.2008. The claimants, therefore, claimed compensation to the tune of FAO No. 4521 of 2009 2 Rs. ten lacs. The claim was contested. However, on appreciation of evidence the learned Motor Accident Claims Tribunal recorded a finding, that the accident had occurred due to the negligence and rash driving of vehicle bearing No. PB-08-BC- 9507 by respondent No.1. The claimants were held entitled to the compensation being legal representatives. Keeping in view the fact, that deceased was not employed the learned Tribunal assessed the future prospects and fixed the income of the deceased at Rs. 36,000/- ( Rupees thirty six thousand only) per annum, and imposed a cut of 50% thereon and applied multiplier of 12, granted compensation to the tune of Rs. 2,31,375/- ( Rupees two lac thirty one thousand three hundred and seventy five only), which was inclusive of medical expenses incurred by the appellants on the treatment of the deceased. The learned counsel for the appellants has claimed enhancement of compensation on the plea, that the multiplier has been wrongly applied, as per the Schedule the multiplier of 16 was to be applied and not 12. Though, there is force in this contention regarding multiplier, but no ground is made out to interfere with the award, for the reason, that the learned Tribunal has assessed the income of the deceased on the higher side under Schedule II, the income of an unemployed person is to be taken as Rs. 15,000/- ( Rupees fifteen thousand only) per annum and not Rs. 36,000/- ( Rupees thirty six thousand only), as held by the learned Tribunal, FAO No. 4521 of 2009 3 therefore, it cannot be said that the compensation awarded is on the lower side, though multiplier was wrongly applied. Even under general formula laid down by Hon'ble Supreme Court in case of an unemployed child the compensation awarded by the learned Tribunal can not be said to be on lower side. No ground, therefore, is made out to interfere with the award passed by the learned Tribunal. No merit. Dismissed. 11.1.2010 ( VINOD K. SHARMA ) 'sp' JUDGE