FAO No. 1504 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1504 of 2007 Date of decision : 17.12.2008 Sheela Devi and others ....Appellants Versus Vinod Kumar and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.R.D.Yadav, Advocate for the appellant. Mr. Pardeep Goyal, Advocate for respondent No.3. ... MAHESH GROVER, J. This appeal by the claimants is directed against the award dated 24.10.2006. The only ground of challenge raised before this Court is that the deceased was aged 52 years and the multiplier applied by the Tribunal is not correct according to the schedule of the Motor Vehicles Act. It is further pleaded that the amount awarded on account of the last rites is also on the lower side. After hearing the learned counsel for the parties, I am of the view that the award deserves to be modified. The Tribunal has assessed the income correctly at the rate of Rs.3,000/- per month from agriculture which can be termed FAO No. 1504 of 2007 -2- as justified even if the deceased had been assessed as a labourer. 1/3rd of the income was deducted for personal expenses which is also justified. Therefore, the only ground on which the award deserves to be modified is on the quantum of multiplier. According to the schedule of the Motor Vehicles Act, which is the guiding factor, the multiplier of 11 should have been applied. In this manner, the amount of compensation works out to be Rs.2,000x12x11=2,64,000. The amount of Rs.3,500/- awarded on account of the last rites is also inadequate and the same is enhanced to Rs.10,000/-. In this manner the total compensation is computed as Rs.2,74,000/-. The enhanced compensation shall be paid to the claimants/appellants along with interest @ 9% per annum from the date of institution of the petition till its realisation. The liability to pay the enhanced amount of compensation shall be the same as has been determined by the Tribunal. The appeal stands disposed of accordingly. 17.12.2008 (MAHESH GROVER) dss JUDGE