F.A.O.No. 4866 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 4866 of 2007 Date of Decision : 10.11.2008 Suman Lata and others ....Appellants Versus Ajay Kumar Verma and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Vivek Khatri, Advocate for the appellants. Mr. Ashwani Talwar, Advocate for respondent No.3. ..... MAHESH GROVER, J. This is an appeal directed against the award of the Motor Accident Claims Tribunal, Hisar dated 1.11.2007. The appellants are the claimants who had preferred the claim petition on account of the death of Ajay who had died in a vehicular accident on 1.9.2004. The deceased was said to be working as a contractor which fact was established by evidence on record. Although it was pleaded by the claimants that he was earning Rs.6,000/- per month but since there was no evidence to establish this fact, the income of the deceased was taken to be Rs.4,800/- per month. A cut of 1/3rd was applied for personal expenses and the dependency was assessed at Rs.38,400/- per year. A multiplier of 15 was adopted considering the age of the deceased to be 35 years. Thus, F.A.O.No. 4866 of 2007 -2- a total compensation of Rs.5,85,000/- was awarded to the appellants which included the amount of Rs.9,000/- awarded on account of funeral expenses and consortium charges. Dissatisfied with the award of the Tribunal, the appellants are in appeal. Learned counsel for the insurance company pointed out that the widow of the deceased has since remarried and the children are with the grandmother. She was also one of the claimants before the Tribunal and is appellant herein. It was further pleaded that the amount awarded by the Tribunal is just and adequate. After hearing the learned counsel for the parties, I am of the opinion that the amount awarded is somewhat on the lower side. The income of the deceased has been correctly assessed at Rs.4,800/- per month as there is no conclusive proof of the income of the deceased as has been claimed by the claimants. He was, however, stated to be a contractor which has been established on record. Therefore, the income is just and adequate. However,considering the number of dependents the cut of 1/3rd is slightly on the excessive side. The Tribunal ought to have applied a cut of 1/4th. In this manner the dependency works out to Rs.3,600/- per month or Rs.43,200/- per annum. Considering the age of the deceased as 35 years and keeping in view the schedule of the Motor Vehicles Act, which is a guiding factor, multiplier of 17 would be just in the circumstances of the case. In this manner, the total compensation works out to Rs.7,34,400/-. The amount awarded on account of funeral expenses and loss of consortium is just and proper and does not warrant any F.A.O.No. 4866 of 2007 -3- interference. The enhanced compensation shall be paid to the appellants along with interest @ 9% per annum from the date of filing of the petition till the date of its realisation. The liability to pay the aforesaid amount shall be the same as has been determined by the Tribunal. With the aforesaid modification in the impugned award the appeal stands allowed. 10.11.2008 (MAHESH GROVER) JUDGE dss