IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.2701 of 2008 (O&M) Date of Decision 04.11.2009 Amar Kaur ...... Appellant VERSUS Nishan Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Sandeep Arora, Advocate, for the appellant. Mr.Nirmal Mittal, Advocate, for respondent No.3-Insurance Company. ***** A.N.JINDAL, J(ORAL): The award dated 09.02.2008, passed by Motor Accident Claims Tribunal (Adhoc) Fast Track Court, Jalandhar (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.1,40,000/- alongwith interest @ 8% per annum in favour of the appellant-claimant (herein referred as 'the claimant') and against the respondents jointly and severally on account of the death of her husband, has been sought to be modified by claiming enhancement. Respondents have neither challenged the negligence nor the liability to pay the compensation. However, the claimant has sought enhancement of compensation on the ground that suitable multiplier has not been applied in this case. Heard. Learned counsel for the appellant has argued that the judgment delivered in case Smt.Sarla Verma and others appellants vs. Delhi Transport Corporation and another respondents 2009 (3) RCR (Civil) 77, has not been followed by the Tribunal as appropriate multiplier F.A.O.No.2701 of 2008 (O&M) -2- has not been applied in this case. Mohan Singh had died at the age of 65 years, therefore, the Tribunal applied multiplier of 5 in place of 7 in this case. The argument has not been refuted by the counsel for the respondent- Insurance Company. As such, with the consensus arrived at between the parties, this appeal is partly accepted and the impugned award is modified by enhancing compensation of Rs.48,000/- over and above the award amount which would be paid by the respondent-Insurance Company within 45 days on the receipt of copy of the order, failing which the claimant would be entitled to receive the interest on the enhanced amount at the same rate, as awarded by the Tribunal. No order as to costs. (A.N.Jindal) Judge 04.11.2009 mamta-II