FAO NO. 161 of 2012 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO NO. 161 of 2012 Date of order: 27.08.2013 Kamla ..... Appellant Versus Gian Parkash and ors. .... Respondents -- CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr.Arun Yadav, Advocate for the appellant. Mr.Anil Gahlawat, Advocate for respondent No.2. Mr. R.S. Madan, Advocate for respondent No.3. *** Vijender Singh Malik, J. This is an appeal brought by the claimant seeking enhancement of compensation. Kamla filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of `15,00,000/- for the death of Bijender alias Babbu, her husband in a road side accident that took place on 06.11.2009. The deceased is claimed to have been 23 years old at the time of the accident and was earning `9,000/- per month by doing masonry work. The claimant, claiming herself to be the widow of the deceased, has sought compensation in a sum of `15,00,000/-. Kumar Dinesh 2013.08.29 16:35 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 161 of 2012 2 The claim petition is resisted by the respondents. They have denied the aforesaid averments of the deceased. It is also denied that the claimant would be entitled to `15,00,000/- as compensation. Learned Motor Accidents Claims Tribunal, Rewari (for short 'the Tribunal') vide award dated 17.09.2011 noticed the evidence coming on record and has taken the income of the deceased at `4600/- per month. He took dependency of the claimant at 50% thereof and multiplying that 50% of the income of the deceased with 12, took the annual dependency of the claimant at `27,600/-. He also adopted the multiplier of 17 and has assessed the loss suffered by the claimant in the death of Bijender alias Babbu in a sum of `4,69,200/-. He has added a sum of `10,000/- towards funeral expenses and assessed a sum of `4,79,200/- as compensation in favour of the claimant. Learned counsel for the appellant has contended that learned Tribunal has gone against the ratio of decision of Hon'ble Supreme Court of India in Smt. Sarla Verma and others v. Delhi Transport Corporation and another 2009 AIR (SC) 3104 , in applying deduction of ½ to the income of the deceased and adopting the multiplier of 17. According to him, it has been clearly laid down in Smt. Sarla Verma's case supra that in a case where the deceased was married 1/3rd should be deducted towards personal and living expenses of the deceased. The deceased had been 23 years of age and it has been laid down in Smt. Sarla Verma's case supra that the multiplier in a case where the victim died in the age group of 15 to 25 should be of 18. Kumar Dinesh 2013.08.29 16:35 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 161 of 2012 3 Applying the aforesaid parameters the annual dependency would come to `36,800/- , which multiplied with 18 would come to `6,62,400/-as the amount lost by the claimant in the death of Bijender alias Babbu. Adding to it, a sum of `20,000/- towards loss of estate, loss of consortium and expenses on last rites, a sum of `6,82,400/- is found as compensation payable to the claimant on the death of Bijender alias Babbu. In the result, the appeal succeeds and is allowed enhancing the compensation from `4,79,200/- to `6,82,400/-, which shall be payable to the claimant with interest as allowed by learned Tribunal in its award. (VIJENDER SINGH MALIK) JUDGE 27.08.2013 dinesh Kumar Dinesh 2013.08.29 16:35 I attest to the accuracy and integrity of this document High Court,Chandigarh