F.A.O NO. 3057 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 3057 OF 2009 DECIDED ON : 02.03.2010 Amarjit Kaur and another ...Appellants versus Phuman Singh and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr.Parveen Kumar, Advocate, for the appellants. Mr. M. B. Jain, Advocate, for respondent No.3. K. C. PURI, J. (ORAL) This is an appeal directed by widow and minor son of Pawan Kumar who died in a motor vehicular accident. The learned Tribunal has taken the income of the deceased as Rs.3600/- per month and by applying the cut of 1/3rd towards personal expenses incurred by the deceased on his maintenance, the monthly dependency has been calculated as Rs.2400/- per month and the annual dependency has been taken as Rs.28,800/- (2400 x 12). The age of the deceased has been calculated as 42-43 years and the multiplier applied by the F.A.O NO. 3057 OF 2009 -2- Tribunal was 12. In this manner, the amount was calculated as Rs.3,45,600/- (28,800 x 12). The Tribunal granted another sum of Rs.9500/- in respect of loss of consortium, loss of estate and funeral expenses. In this manner, the total amount was calculated as Rs.3,55,100/-. Learned counsel for the appellant has submitted that the admitted income of the deceased was Rs.32,360/- from April 2005 to October 2005 and the monthly income in this manner comes to Rs.4610/-. However, the Tribunal has taken that there can be variations in bonus and production incentives. Therefore, the income was taken as Rs.3600/- per month. As per the Certificate for the accounting year 2004-2005, the deceased was paid the following payments : -.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. S.No. Particulars Payment -.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. 01 Salary Rs. 33,831-00 02 Arrear Rs. 103-00 03 Bonus Rs. 6787-00 04 Production Rs. 11,547-00 incentive ------------------ total Rs. 52,268-00 ------------------ It is also mentioned that an amount of Rs.4071/- was deducted on account of provident fund. F.A.O NO. 3057 OF 2009 -3- So far as the income of the deceased taken as Rs.3600/- per month is concerned, that is on lower side. Taking into account all the facts, his income is taken as Rs.4000/- per month and 1/3rd stands deducted on account of personal expenses. In this manner, the monthly dependency comes to Rs.2666.67/-. The yearly dependency is calculated as Rs.31,992/- i.e Rs. 32,000/-. The multiplier at the age of 42-43 years as per authority Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77, is 14. By applying the multiplier of 14, the amount comes to Rs.4,48,000/- (32000 x 14). Another sum of Rs.9500/- was granted by the Tribunal on account of loss of consortium, loss of estate and funeral expenses. So, in this manner, the amount comes to Rs.4,57,500/-. The enhanced amount of Rs.1,02,400/- is ordered to be paid to the claimants along with interest @7% per annum from the date of filing of the appeal till its realisation. The liability shall remain the same as ordered by the Tribunal. The amount shall be shared in the same ratio as awarded by the Tribunal. Disposed of. MARCH 02, 2010 (K. C. PURI) shalini JUDGE