F.A.O NO. 4998 OF 2009(O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO. 4998 OF 2009(O & M) DECIDED ON : 18.02.2010 Shakuntla Kaur and others ...Appellants versus Rajeev Kumar and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Anurag Chopra, Advocate, for the appellants. Mr. Rajesh Sharma, Advocate, for respondent No.3. K. C. PURI, J. (ORAL) C.M NO. 23933-CII OF 2009 The application is allowed and delay of 6 days in filing the appeal stands condoned, on the grounds mentioned in the application. MAIN CASE This is an appeal preferred by the widow-Shakuntla Kaur and three minor children in respect of death of Pal Singh in a motor vehicular accident. The learned Tribunal has accepted the claim petition and granted an amount of Rs.3,77,000/-. The income of Pal Singh has been taken as Rs.3600/- per month and 1/4th has F.A.O NO. 4998 OF 2009(O & M) -2- been deducted on account of personal expenses. In this manner, the monthly dependency has been assessed as Rs.2400/-. The age of the deceased has been taken as 40 and the multiplier of 13 has been applied. In this manner, the amount calculated is Rs.3,74,400 (28,800 x 13). Rs.2600/- has also been granted as funeral expenses. In this manner, the claimants are held entitle to claim Rs.3,77,000/-. Feeling dissatisfied with the above said award, the claimants have preferred the present appeal. Learned counsel for the appellants relying upon the authority “Smt. Sarla Verma & ors. vs. Delhi Transport Corporation & anr.” 2009 (3) RCR (Civil) 77, has contended that the dependency should have been calculated by deducting 1/4th amount. It is further contended that the multiplier applied by the Tribunal at the age of 40 is on lower side and it should be 15 according to Sarla Verma's case (supra). Learned counsel for the Insurance Company has supported the judgment of the Tribunal and has stated that the amount has been rightly allowed. I have considered the submissions made by both the sides and have gone through the records of the case. The income of the deceased has been taken as Rs.3600/- per month and that has not been challenged. However, the Tribunal has deducted 1/3rd amount for expenses of the deceased for his maintenance, but that should be F.A.O NO. 4998 OF 2009(O & M) -3- 1/4th in view of the fact that there are four dependents. So in this manner, the dependency is calculated as Rs.2700/- per month and the yearly dependency comes to Rs.32,400/- . By applying the multiplier of 15, the amount calculated as Rs.4,86,000/-. The Tribunal has allowed Rs.2600/- on account of funeral expenses. However, the claimants are also held entitle to claim Rs.5000/- on account of loss of consortium and Rs.2000/- on account of loss of estate. So, in this manner, the claimants are held entitle to claim Rs.4,95,600/-. So, in this manner, the claimants are held entitle to claim Rs.1,18,600/- more in addition to the amount already awarded by the Tribunal. The enhanced amount shall carry interest @ 7% per annum from the date of filing of the appeal till its realisation. The liability shall remain the same as ordered by the Tribunal. Disposed of. FEBRUARY 18, 2010 (K. C. PURI) shalini JUDGE