FAO No. 600 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 600 of 2010 Date of decision: 29.04.2010 Smt. Sushila and others ....Appellants Versus Virender Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: -Mr. Sanjay Mittal, Advocate, for the appellants. VINOD K. SHARMA, J.(ORAL) This appeal, by the claimant/appellants, is directed against the award dated 16.7.2009, passed by the learned Motor Accident Claims Tribunal, Narnaul, allowing the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act. The learned Tribunal accepted the version put up by the claimants and recorded a finding, that Shish Ram died in a roadside accident, which took place on 31.3.2008 at about 4.00 p.m. in the area of village Dhani Bathotha, Tehsil Narnaul, due to rash and negligent driving of truck No.HR-55D/3913 being driven by respondent No.1 owned by respondent No.2 and insured with respondent No.3. The said truck hit the motorcycle bearing No.HR-35D/4578 of the deceased, which resulted in his death. It was pleaded, that income of the deceased was Rs.15,000/- (Rupees fifteen thousand only) per month from agriculture work, dairy farming and poultry farm. In view of the fact that the agricultural land, poultry farm and dairy farm stand inherited by the appellants, the learned Tribunal took the income of the deceased to be Rs.6,000/- (Rupees six thousand FAO No. 600 of 2010 -2- only) per month and dependency of the appellants was held to be 2/3rd i.e. Rs.4,000/- (Rupees four thousand only) per month. Keeping in view the age of the deceased i.e. 42 years, multiplier of 15 was applied. The compensation payable to the claimants was assessed at Rs.7,20,000/- (Rupees seven lac and twenty thousand only). In addition, the claimant/appellants were also awarded Rs.25,000/- (Rupees twenty five thousand only) on account of loss of consortium and Rs.45,000/- (Rupees forty five thousand only) on account of loss of love and affection. Thus, the total compensation payable was assessed at Rs.8,10,000/- (Rupees eight lac and ten thousand only) along with interest @ 8% per annum from the date of filing of petition till realisation. Learned counsel for the appellants has challenged the impugned award on the plea, that dependency should have been 3/4th and not 2/3rd keeping in view the number of family members. This plea of the learned counsel for the appellants deserves to be noticed to be rejected. The learned Tribunal was liberal in grant of compensation to the appellants. Keeping in view the fact, that the agricultural land, poultry farm as well as dairy farm stand inherited by the appellants, it cannot be said that the dependency is assessed on the lower side, as contended. Adequate compensation stands allowed in view of facts and circumstances of this case. No ground is made out to interfere with the well-reasoned award passed by the learned Tribunal. No merit. Dismissed. (Vinod K. Sharma) Judge April 29, 2010 R.S.