IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH F. A. O. No.1520 of 2001 Date of Decision: December 12, 2008 Smt.Savitri and others ...........Appellants Versus Avtar Singh and others ..........Respondents Coram: Hon'ble Mrs.Justice Sabina Present: Mr.P.R.Yadav,Advocate for the appellants. Mr. Inderjit Sharma, Advocate for the New India Assurance Company Ltd. * * * Sabina, J. This is an appeal filed against the award dated 21.7.2000 passed by the Motor Accident Claims Tribunal, Jhajjar (hereinafter referred to as `the Tribunal). The case of the claimant, as stated in claim petition, in brief, is that on 27.9.1995, Ramesh (since deceased) had stopped his truck No. UP-10-8979 on the National Highway No.8, one kilometer ahead of Avrosh, for checking the tyres. While Ramesh was checking the tyres, truck No. ORB-9263 driven by respondent No.1 in rash and negligent manner suddenly reversed and struck against truck of Ramesh. As a result of this Ramesh suffered multiple injuries and ultimately, died in S.M.S. Hospital Jaipur. Hence, the claim petition was filed. Notice of the claim petition was issued to the respondents and they filed their written statements. On the pleadings of the F. A. O. No.1520 of 2001 -2- parties, the following issues were framed by the Tribunal:- "1. Whether Ramesh died as a result of injuries received by him in the motor vehicular accident due to rash and negligent driving of truck No. ORB-9263 by its driver?OPP 2. If issue No.1 is proved, to what amount each petitioner is entitled to as compensation and from whom? OPP 3. Whether the respondent was not holding a valid driving licence?OPR 4. Relief" Parties led their evidence in support of their case. Vide the impugned award, learned Tribunal allowed the claim petition and awarded Rs. 2,68,800/- as compensation to the claimants. By way of the present appeal, claimants have sought enhancement of compensation amount. After hearing the learned counsel for the parties, I am of the opinion that this appeal deserves to be dismissed. The case of the claimants was that Ramesh (since deceased) was earning Rs.4500/- per month as he was working as a driver. In order to prove his salary, claimants examined Meer Singh, PW1 and Smt. Savitri-appellant No.1 as PW3. The claimants, however, did not examine the owner of the truck with whom Ramesh (deceased) was employed. Claimants also did not prove on record any document with regard to the income of the deceased. In these circumstances, the learned Tribunal rightly assessed the income of the deceased at the rate of Rs.2000/- per month and after applying a cut of 1/3rd from the same towards personal expenses of the deceased treated the dependency of the claimants as Rs. 1400/- per F. A. O. No.1520 of 2001 -3- month. After applying multiplier of `16', the total compensation was worked out to Rs. 2,68,800/-. The age of the deceased was 41 years at the time of accident and multiplier of `16' applied by the learned Tribunal is on the higher side. In these circumstances, the fact that no separate amount was allowed by the learned Tribunal towards loss of consortium and funeral expenses loses its significance. Thus, the amount of compensation assessed by the learned Tribunal is just and fair and calls for no interference. Accordingly, this appeal being devoid of any merit is dismissed with no order as to costs. (Sabina) December 12, 2008 Judge arya