F.A.O NO. 4159 OF 2009 (o & m) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 4159 OF 2009 (o & m) DECIDED ON : 09.02.2010. Smt. Renu Devi and others ...Appellants versus Chaur Lal and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Anurag Jain, Advocate, for the appellants. None for respondents No.1 and 2. Mr. Raghujeet Madan, Advocate for Ms. Neena Madan, Advocate, for respondent No.3-Insurance Company. K. C. PURI, J. (ORAL) C.M NO. 19640-41-CII of 2009 For the reasons mentioned in the applications, 2 days delay in filing the appeal and 225 days in re-filing the appeal stands condoned. MAIN CASE This is an appeal for enhancement directed by Renu Devi-widow, Shilpa-minor daughter and Naveen-minor son. As per allegations of the claimants, Jeewan Dass died in a motor vehicular accident. The other facts need not to be narrated as this appeal is only for enhancement. F.A.O NO. 4159 OF 2009 (o & m) -2- The learned Tribunal has held that Renu Devi-widow, Shilpa-minor daughter and Naveen-minor son and Sheela-mother of the deceased are entitled to receive the compensation. The learned Tribunal has taken the income of the deceased as Rs.3000/- per month and age of the deceased at the time of death has been assessed as 32 years. The multiplier applied by the Tribunal is 17. The total amount is calculated as Rs.6,12,000/- and 1/3rd amount has been deducted on account of expenses which would have been incurred by the deceased for his maintenance. Rs.19,292/- has been allowed on account of bills Exhibit P-1 to P-6. Rs.5000/- has been granted on account of loss of consortium and Rs.2500/- on account of loss of estate. In this manner, the claimants are held entitled to Rs.4,36,792/-. Learned counsel for both the parties have relied upon authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77. Without disturbing the income assessed by Tribunal, the cut in respect of the expenses incurred by the deceased should have been 1/4th where the family members are 4 to 6. So in these circumstances, the monthly dependency is calculated as Rs.2250/- after deducting 1/4th amount which would have been incurred by the deceased for maintaining himself. The yearly dependency comes to Rs.27,000/- (2250 x 12). The multiplier applicable in the age group of 31 to 35 as per Sarla Devi's case (supra) is 16. So in these circumstances, the loss to the claimants is Rs.4,32,000/- F.A.O NO. 4159 OF 2009 (o & m) -3- (27,000 x 16). The Tribunal has assessed Rs.19,292/- regarding expenses and Rs.5000/- regarding loss of consortium and Rs.2500/- on account of loss of estate. The learned Tribunal has not granted any amount in respect of funeral expenses. So the amount assessed in this respect is calculated as Rs.5000/-. The total amount calculated comes to Rs.63,792/-. So in this manner, the claimants are held entitled to claim Rs.27,000/- more in addition to the amount granted by the Tribunal. Taking into account the amount which would have been incurred by the claimants on attendant, Rs.30,000/- more in addition to the amount awarded by the Tribunal. This amount of Rs.30,000/- would be paid to the widow alone as she has to spent whole of the life along with interest @ 7% per annum from the date of filing the present appeal till realisation. The liability shall be same as ordered by the Tribunal. Disposed of. FEBRUARY 09, 2010 (K. C. PURI) shalini JUDGE