FAO NO. 183 of 2012(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO NO. 183 of 2012 (O&M) Date of order: 19.09.2013 Smt. Tejo Devi and ors. ..... Appellants Versus Vinay Kumar and ors. .... Respondents -- CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr. Ashish Gupta, Advocate for the appellants. Mr. Ved Parkash, Advocate for respondent no.2. Mr. Aditya Singh, Advocate for respondent No.3. *** Vijender Singh Malik, J. This is an appeal brought by the claimants for enhancement of compensation. Deepak alias Ramesh died in a road side accident that took place on 12.06.2010. On his death, his parents and minor brother had brought a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of `15,00,000/-. Learned Motor Accidents Claims Tribunal, Gurgaon (for short 'the Tribunal') vide award dated 10.10.2011 allowed the claim petition in a sum of `2,71,700/-. Deepak alias Ramesh is claimed to have been 20 years of age. He was working as a helper in Boss Company at Manesar. He was Kumar Dinesh 2013.09.24 16:33 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 183 of 2012(O&M) 2 getting a salary of `4000/- per month. Claiming themselves to be dependents of the deceased, the claimants have sought a sum of `15,00,000/- as compensation. The claim petition has been resisted by the respondents, who have denied various averments of the claimants. They have denied the averments of the claimants regarding age, occupation and income of the deceased. They have denied the claimants to deserve a sum of `15,00,000/- as compensation. Learned Tribunal vide the impugned award took the income of the deceased at `3900/- per month. He applied cut of 1/3rd to the said income and though adopted the multiplier of 12, bifurcated the dependency, took the dependency at `2600/- per month for five years and half of the same for 7 years and adding a sum of ` 6500/- thereto under the conventional heads, a total of `2,71,700/- was assessed as compensation. Learned counsel for the appellants has contended that the deceased had been 20 or 21 years of age. According to him, learned Tribunal was not justified in taking dual dependency. According to him, the dependency at the time of the death of Deepak alias Ramesh has to be taken and compensation has to be assessed uniformly. On the other hand, learned counsel for respondent No.3 has submitted that after five years the deceased would have married and the dependency of the claimants would have decreased. According to him, the dependency has already been assessed at a higher side. He has further submitted that claimants are parents of the deceased and their Kumar Dinesh 2013.09.24 16:33 I attest to the accuracy and integrity of this document High Court,Chandigarh FAO NO. 183 of 2012(O&M) 3 dependency should have been taken at ½ of the income. Finding no reason to differ, learned Tribunal took the income of the deceased at `4000/- per month only, I find it unjustified on the part of learned Tribunal to have adopted the dual dependency. Learned Tribunal has not supported himself with any precedent on this point. The dependency of the appellants, who are the parents and brother has to be taken at `2600/- per month. The same has to be multiplied by 12 to find out the annual dependency and further by 12 to find out the loss of the claimants in the death of Deepak alias Ramesh. The amount works out to `3,74,400/-. Adding to it, a sum of `10,000/- under the conventional heads, I find the claimants to have lost a sum of `3,84,400/- in the death of Deepak alias Ramesh. In the result, the appeal succeeds and is allowed enhancing the compensation from `2,71,700/- to `3,84,400/- which shall be payable to the appellants by the respondents with interest and with the other terms as allowed by the Tribunal. The amount of compensation shall be shared by the appellants in equal. The amount of the share of the minor appellant shall be deposited in a fixed deposit in some nationalized bank for the period till he attained the age of majority. (VIJENDER SINGH MALIK) JUDGE 19.09.2013 dinesh Kumar Dinesh 2013.09.24 16:33 I attest to the accuracy and integrity of this document High Court,Chandigarh