FAO No.3182 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3182 of 2011 ( in MACT No.154 of 2009) Date of decision: 1.12.2011 Harshspreet Singh and others ...Appellants Versus Rampal and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Ashish Gupta, Advocate for the appellants. Mr.RC Gupta, Advocate for Mr.Ravinder Arora,Advocate for respondent No.3-Insurance Company **** Jitendra Chauhan, J. (Oral) The present appeal has been filed by the claimant-appellants, seeking enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, (Fast Track Court), Karnal (for short 'the Tribunal'), vide award dated 5.1.2011, on account of the death of Amarjit Singh, in a motor vehicle accident on 23.3.2008. The only argument raised by the learned counsel for the appellant is that the deceased was 28 years at the time of his death, as per the voter identity card and the statement suffered by the claimant-wife of the deceased. The learned Tribunal, considering the age of the deceased as 32 years, as mentioned in the postmortem report, applied the multiplier of 16, which is inadequate. On the other hand, the learned counsel for the respondent- FAO No.3182 of 2011 2 Insurance Company has contended that the learned Tribunal awarded just and reasonable compensation and therefore, there is no scope for any enhancement. I have heard learned counsel for the parties and perused the record. It is admitted that as per the voter card and the statement made by the claimant-wife of the deceased, the deceased was 28 years of age at the time of his death. Whereas the the learned Tribunal, relying upon the postmortem report, considered his age as 32 years and applied the multiplier of 16. The voter card and the statement of the claimant are more reliable evidence, as compared to the postmortem report Ex.P18, because the voter cards are being prepared after due verification by the Government agencies. Accordingly, the age of the deceased is taken to be 28 years and in view of the law laid down by the Hon'ble Supreme Court in Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, 2009(3) RCR (Civil) 77 , the multiplier is increased from 16 to 17. The learned Tribunal has rightly assessed the income of the deceased to be `5,000/- per month. The amount awarded under the conventional heads is just and reasonable. Resultantly, the total compensation comes to `7,85,000/-( 5000 (income) x 3/4 (dependency) x 12 x 17 (multiplier) +20000 (already awarded under conventional heads). The balance amount i.e. `45,000/- (7,85,000- 7,40,000 already awarded by the learned tribunal) shall be paid to the appellants, in the manner indicated in the impugned award, within 45 days from the date of receipt of the certified copy of the judgment, failing FAO No.3182 of 2011 3 which, the same shall carry interest @7.5% per annum from the date of filing of the appeal, till its realisation. In view of above, the present appeal is partly allowed with the modification indicated above. 1.12.2011 (JITENDRA CHAUHAN) gsv JUDGE